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BANCROFT 
LIBRARY 

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THE  LIBRARY 

OF 

THE  UNIVERSITY 
OF  CALIFORNIA 


Irrigation  Investigations, 
Berkeley,  California 


REPORT  v 


OF  THE 


Idaho ,  Irrigation  and 

Drainage  Code 

Commission 


TO  THE 

GOVERNOR  OF  IDAHO 


1915 


PREPARED  BY  THE 

IDAHO  IRRIGATION  AND  DRAINAGE 
CODE  COMMISSION 


CAPITAL  NEWS  JOB  ROOMS 
BOISE 


REPORT 


OF  THE 


Idaho  Irrigation  land 

Drainage  Code 

Commission 

TO  THE 

GOVERNOR  OF  IDAHO 


1915 


PREPARED  BY  THE 

IDAHO  IRRIGATION  AND  DRAINAGE 
CODE  COMMISSION 


CAPITAL  NEWS  JOB  ROOMS 
BOISE 


^  7f? 


I  27 


Hon.  M.  Alexander, 
Governor  of  Idaho, 

Boise,  Idaho. 

Sir:  I  have  the  honor  to  transmit  herewith  a  number  of 
Carey  Act  reports,  the  recommendations,  and  a  statement  of 
the  expenditures  of  the  Idaho  Irrigation  and  Drainage  Code 
Commission  appointed  under  and  by  virtue  of  authority  vested 
in  you  by  Senate  Bill  No.  113,  1915  Session  Laws. 

Respectfully, 

ERNEST  ANDERSON, 

Vice-Chairman. 


IDAHO  IRRIGATION  AND  DRAINAGE 
CODE  COMMISSION 


COMMISSIONERS 

CHASE  A.  CLARK,  Chairman Mackay,  Idaho 

ERNEST  ANDERSON,  Vice  Chairman.  .  .Parma 

D.  L.  CARTER,  Secretary Cambridge 

J.  A.  WATERS Twin  Falls 

E.  E.  ELLIOTT Bonners  Ferry 


IRRIGATION  AND  DRAINAGE 
COMMISSION  ACT 


CHAPTER  109,  LAWS  1915,  251. 
(S.  B.  No.  113) 

AX  ACT 

TO  AUTHORIZE  THE  APPOINTMENT  OF  A  COMMISSION  TO 
REVISE  THE  IRRIGATION  DRAINAGE  LAWS  OF  THE  STATE 
OF  IDAHO,  AND  TO  DRAFT  AND  PROPOSE  LEGISLATION 
RELATING  TO  THE  INDUSTRIES  OF  IRRIGATION  AND 
DRAINAGE,  AND  TO  MAKE  RECOMMENDATIONS  FOR  THE 
RELIEF  OF  SETTLERS  ON  CAREY  ACT  LANDS;  DEFINING 
THE  POWERS  OF  SUCH  COMMISSION;  THE  NUMBER  OF 
PERSONS  WHO  SHALL  CONSTITUTE  THE  SAME;  GIVING 
THE  SAME  AUTHORITY  TO  EMPLOY  SUCH  ASSISTANCE 
AS  MAY  BE  REQUIRED;  PROVIDING  FOR  THE  COMPENSA- 
TION OF  THE  SAME;  MAKING  AN  APPROPRIATION;  AND 
DECLARING  AN  EMERGENCY. 

Be  it  Enacted  by  the  Legislature  of  the  State  of  Idaho : 

Section  1.  The  Governor  of  the  State  of  Idaho  is  hereby 
authorized  to  appoint  a  commission  to  consist  of  five  (5)  mem- 
bers to  revise  and  codify  the  irrigation  and  drainage  laws  of 
the  State  of  Idaho,  to  draft  such  legislation  relating  to  the  in- 
dustries of  irrigation  and  drainage  as  may  be  deemed  advis- 
able to  submit  to  a  proper  legislative  body  for  enactment  into 
law,  and  to  make  such  recommendations  as  may  be  considered 
necessary  for  the  better  government  and  more  rapid  develop- 
ment of  the  said  industries,  and  to  make  such  recommenda- 
tions and  draft  such  legislation  as  may  be  deemed  wise  and 
expedient  for  the  relief  of  settlers  on  Carey  Act  lands. 

Sec.  2.  The  members  of  the  commission  shall  be  selected 
from  the  various  political  organizations,  and  shall  be  persons 
selected  and  appointed  because  of  their  peculiar  qualifications 
and  fitness  for  the  performance  of  the  duties  and  services  for 
which  said  commission  is  created. 


6  Report  of  Commission 

Sec.  3.  The  members  of  the  commission  shall  be  selected 
from  the  membership  of  the  Thirteenth  Session  of  the  Idaho 
Legislature,  and  two  (2)  of  whom  shall  be  from  the  member- 
ship of  the  Senate,  and  three  (3)  from  the  House  of  Repre- 
sentatives. 

Sec.  4.  The  said  commission  shall  hold  meetings  from  time 
to  time  at  such  place  or  places  as  the  chairman  thereof  may 
designate,  and  shall  expedite  its  labors  with  the  greatest  dis- 
patch consistent  with  efficiency,  and  at  the  earliest  possible 
moment,  report  to  the  Governor  of  the  State  of  Idaho  its  de- 
termination and  recommendation  thereon  as  to  action  in  the 
premises. 

Sec.  5.  The  said  commission  shall  be  and  is  hereby  em- 
powered to  employ  such  legal,  technical  and  clerical  assistance 
as  it  may  require  to  accomplish  the  purpose  for  which  it  is 
created  and  the  compensation  for  such  assistance  shall  be  paid 
from  the  funds  appropriated  herein  for  the  carrying  out  of  the 
provisions  of  this  act. 

Sec.  6.  The  Governor  shall  designate  the  chairman  of  said 
commission,  who  shall  report  to  him  from  time  to  time  the 
progress  in  the  duties  of  the  said  commission,  and  the  term 
for  which  the  said  chairman  and  the  other  members  of  the 
commission  shall  be  appointed  shall  terminate  on  the  first  day 
of  January,  1916. 

Sec  7.  The  members  of  said  commission  shall  receive  their 
actual  and  necessary  traveling  expenses  incurred  in  the  per- 
formance of  their  duties,  and  a  per  diem  allowance  of  Five 
Dollars  ($5.00)  per  day  for  each  member  while  on  business  of 
the  commission. 

Sec.  8.  There  is  hereby  appropriated  from  any  funds  of 
the  State  of  Idaho  not  otherwise  appropriated  the  sum  of 
Four  Thousand  Five  Hundred  Dollars  ($4,500),  for  the  use 
of  said  commission,  in  carrying  out  the  provisions  of  this  act, 
and  any  part  of  the  said  sum  which  may  remain  unexpended 


Report  of  Commission  7 

when  the  commission  shall  have  finished  its  labors,  shall  be 
returned  to  the  Treasurer  of  the  State  of  Idaho. 

Sec.  9.  The  commission  shall  keep  or  cause  to  be  kept  a 
true  and  accurate  account  of  its  expenditures  and  file  the  same 
with  its  final  report  and  recommendations  with  the  Governor 
of  the  State  of  Idaho,  not  later  than  the  first  day  of  Decem- 
ber, 1915. 

Sec,  10.  An  emergency  existing  therefor,  this  act  shall  be 
in  full  force  and  effect,  from  and  after  its  passage  and  ap- 
proval. 

Approved  March  16,  1915. 


GENERAL  REPORT 


Hon.  M.  Alexander,  Governor,  State  of  Idaho. 

Boise,  Idaho. 

Sir:  The  Idaho  Irrigation  and  Drainage  Code  Commis- 
sion herewith  present  in  detailed  form  the  report  of  its  labors 
and  investigations  which  were  undertaken  in  pursuance  of  the 
duties  assigned  to  it. 

The  Commission  was  created  by  the  passage  of  Senate  Bill 
No.  113,  which  was  approved  by  you  on  March  16,  1915.  This 
act  provided  for  the  creation  of  a  non-partisan  commission 
consisting  of  five  members  to  be  appointed  by  the  Governor, 
two  of  whom  were  to  be  selected  from  the  Senate  and  three 
from  the  House.  In  accordance  with  the  authority  thus 
vested  in  you  the  following  appointments  were  made: 
From  the  Senate: 

E.  E.  Elliott,  Bonners  Ferry. 
D.  L.  Carter,  Cambridge. 
From  the  House : 

Chase  A.  Clark,  Mackey,  Chairman. 
J.  A.  Waters,  Twin  Falls. 
Ernest  Anderson,  Parma. 

DUTIES. 

The  duties  of  the  Commission  are  enumerated  in  Section  1 
of  the  act,  which  reads  as  follows : 

"The  Governor  of  the  State  of  Idaho  is  hereby  authorized 
to  appoint  a  commission  to  consist  of  five  (5)  members  to 
revise  and  codify  the  irrigation  and  drainage  laws  of  the 
State  of  Idaho,  to  draft  such  legislation  relating  to  the  in- 
dustries of  irrigation  and  drainage  as  may  be  deemed  advis- 
able to  submit  to  a  proper  legislative  body  for  enactment  into 
law,  and  to  make  such  recommendations  as  may  be  considered 
necessary  for  the  better  government  and  more  rapid  develop- 


Report  of  Commission  9 

ment  of  the  said  industries,  and  to  make  such  recommendations 
and  draft  such  legislation  as  may  be  deemed  wise  and  expe- 
dient for  the  relief  of  settlers  on  Carey  Act  lands." 

There  is  nothing  in  the  law  to  indicate  the  relative  import- 
ance of  duties  therein  assigned. 

An  effort  has,  therefore,  been  made  by  the  Commission  to 
carry  out  each  of  the  instructions  as  fully  as  possible  in  the 
brief  time  allotted  for  such  comprehensive  assignments. 

It  will  be  noted  that  the  powers  of  the  Commission  are 
largely  advisory  and  that  the  apparent  intent  of  the  Legisla- 
ture was  to  secure  through  the  Commission  such  information 
relative  to  the  industry  of  irrigation  and  the  Carey  Act  situ- 
ation, as  well  as  recommendations  for  such  changes  as  a  spe- 
cial investigating  body  might  conclude  advisable,  in  order  that 
it  might  be  properly  guided  in  the  enactment  of  future  irriga- 
tion legislation. 

Section  4  of  the  act  authorizes  the  Commission  to  hold  meet- 
ings from  time  to  time  at  such  places  as  the  chairman,  or 
vice-chairman,  thereof  may  designate,  and  shall  expedite  its 
labors  with  the  greatest  despatch  consistent  with  efficiency, 
and  at  the  earliest  possible  moment  report  to  the  Governor  of 
the  State  its  determination  with  recommendation  thereon  as 
to  action  in  the  premises. 

In  Section  5,  provision  is  made  for  the  employment  of  such 
legal,  technical,  and  clerical  assistance  as  it  may  require  to 
accomplish  the  purpose  for  which  it  is  created.  In  the  course 
of  its  labors  the  employment  of  such  assistance  has  become 
necessary  from  time  to  time. 

SPECIAL  REPORTS. 

The  Commission  has  from  time  to  time  laid  before  you 
special  reports  on  the  several  Carey  Act  projects  of  the  State, 
which  are  incorporated  in  this  general  report.  These  reports 
embody  the  findings  of  the  Commission  with  respect  to  the 


10  Report  of  Commission 

projects  visited  and  contain  in  most  instances  specific  recom- 
mendations for  the  solution  of  the  difficulties  that  confront 
the  entrymen  and  the  companies.  Eight  of  the  larger  pro- 
jects were  visited,  while  the  official  records  and  correspondence 
supplied  the  necessary  information  on  the  conditions  of  the 
other  Carey  Act  projects  of  the  State. 

By  the  terms  of  Section  6  of  the  act,  the  Commission  must 
terminate  its  labors  on  January  1,  1916. 

It  is  unfortunate  that  the  life  of  the  Commission  was  lim- 
ited to  such  brief  period  of  time.  The  work  done  could  have 
been  more  effectively  performed  had  longer  time  been  allowed. 
The  subject  of  irrigation  and  the  Carey  Act  development  is  a 
large  one  and  more  time  should  have  been  allotted  for  study 
and  investigation  thereof. 

In  conformity  with  the  power  delegated  the  Commission 
in  Section  1  of  the  act,  report  is  made  that  Mr.  A.  C.  Hindman 
was  employed  to  revise  and  codify  the  irrigation  and  drain- 
age laws.  This  work  has  been  completed  and  a  printed  copy 
of  the  codified  irrigation  and  drainage  laws  accompanies  this 
report.  We  are  suggesting  herewith  such  legislation  rela- 
tive to  the  industry  of  irrigation  and  drainage  as  the  Com- 
mission is  convinced  should  be  enacted  into  the  law  of  the 
State.  Included  in  these  suggestions  are  recommendations 
that  are  considered  necessary  for  the  better  government  and 
more  rapid  development  of  the  industries  of  irrigation  and 
drainage  and  the  placing  of  the  same  on  a  more  substantial 
basis.  There  accompanies  this  report  resolutions  and  bills 
for  presentation  to  the  next  session  of  the  Legislature,  with 
recommendations  that  they  be  enacted  into  law  or  approval 
of  the  people  of  the  State. 

Much  of  the  time  of  the  Commission  was  taken  up  in  the 
investigation  of  the  Carey  Act  projects  in  the  State.  These 
investigations  and  the  preparation  of  reports  upon  the  sev- 
eral projects  are  now  in  your  hands  and  indicate  the  extent 


Report  of  Commission  11 

of  our  services  along  this  particular  line.  In  carrying  out 
these  investigations  the  secretary  of  the  Commission  was 
instructed  to  communicate  with  the  officials  and  settlers  on 
each  Carey  Act  project  and  secure  at  first  hand  a  statement 
of  their  condition  and  their  grievances,  if  any,  as  well  as 
suggestions  for  improvement.  Based  on  these  reports,  to- 
gether with  the  recommendations  of  the  Carey  Act  depart- 
ment of  the  State  Land  Office,  it  was  decided  that  only  those 
projects  from  which  the  greatest  complaint  arose  should  be 
investigated. 

In  the  routine  of  this  work  the  following  projects  were 
personally  examined  by  the  Commission : 

The  Big  Lost  River; 

Blaine  County  Irrigation  project; 

The  Twin  Falls  Salmon  River; 

The  Twin  Falls  Oakley; 

King's  Hill  and  King's  Hill  Extension; 

Twin  Falls  North  Side; 

West  End  Twin  Falls ; 

The  Idaho  Irrigation  Company ;  and  the 

Drainage  features  of  the  Twin  Falls  South  Side. 

In  the  investigation  the  fullest  amount  of  time  was  al- 
lowed by  the  Commission  and  several  of  the  reports  were  de- 
ferred as  long  as  possible  in  order  to  secure  the  fullest  in- 
formation available. 

On  June  1,  1915,  the  Commission  assembled  at  Arco,  in 
Blaine  county,  for  the  purpose  of  investigating  the  Big  Lost 
River  project.  On  this  occasion  a  public  meeting  was  held 
in  the  city  hall,  which  was  attended  by  practically  all  of  the 
settlers  upon  this  tract,  as  well  as  many  other  interested  per- 
sons. On  the  two  subsequent  days  the  physical  condition  of 
the  project  was  thoroughly  investigated,  which  included  a 
trip  to  the  site  of  the  Mackey  reservoir,  and  an  examination 
of  the  uncompleted  dam.  On  the  same  day  a  meeting  was 


12  Report  of  Commission 

held  with  the  citizens  of  Mackey  at  which  time  the  direct 
interest  of  the  town  in  its  relation  to  the  dam  was  fully  dis- 
cussed. Throughout  our  investigation  the  proposition  of  the 
Utah  Construction  Company,  which  has  secured  control  of 
the  project  under  foreclosure  proceedings,  were  fully  dis- 
cussed, and  their  general  scheme  for  reorganization  and  re- 
vival of  the  project  was  favorably  considered  on  the  part  of 
the  Commission,  which  has  already  been  noted  in  the  report 
on  this  project  now  on  file  in  your  office. 

The  Elaine  County  Irrigation  Company  was  also  visited 
and  meetings  were  held  with  the  settlers  on  this  tract.  Since 
this  project,  at  the  time  of  the  Commission's  visit,  was  in 
process  of  re-organization,  no  formal  report  has  been  made 
upon  it,  as  the  plans  suggested  for  its  future  development 
were  not  available  for  the  benefit  of  the  Commission. 

On  June  5th,  the  Commission  drove  over  the  Twin  Falls 
South  Side  project,  making  a  particular  examination  into 
the  method  being  followed  for  the  reclamation  through 
drainage  of  submerged  lands  ruined  by  excessive  irrigation. 
The  success  of  the  drainage  plans  there  carried  out  were 
gratifying  and  were  proving  eminently  successful,  and  while 
the  particular  plan  of  drainage  which  was  being  carried  out 
there  might  not  be  applicable  to  other  sections  of  the  State,  its 
success  at  Twin  Falls  was  so  marked  that  it  might  profitably 
be  tried  elsewhere. 

On  June  7th,  the  Commission  traversed  the  segregation 
known  as  the  Twin  Falls  Salmon  River  project,  discussing 
with  the  settlers  the  difficulties  confronting  them,  and  examin- 
ing the  system.  Later  in  the  day  a  meeting  with  the  entry- 
men  was  held  at  Hollister.  The  difficulties  confronting  both 
the  entrymen  and  the  bondholders  on  this  project,  together 
with  our  recommendations  for  relief,  were  fully  set  forth  in 
the  Commission's  report  on  the  Salmon  River  project,  which 
has  heretofore  been  transmitted  to  you. 

A  similar  trip  of  inspection  was  made  over  the  Twin  Falls 


Report  of  Commission  13 

Oakley  project,  which  is  located  in  Cassia  county.  Condi- 
tions on  this  project  bear  a  close  resemblance  to  those  on  the 
Salmon  tract.  The  final  reports,  with  recommendations  re- 
garding these  two  projects,  were  deferred  until  the  close  of 
the  growing  season,  in  order  that  the  fullest  possible  amount 
of  information  might  be  obtained  as  to  the  effect  of  the  water 
shortage  of  the  season  just  closed. 

The  following  day  was  spent  upon  the  Twin  Falls  North 
Side  project,  which  on  that  day,  June  9th,  appeared  to  be  in 
a  reasonably  good  condition.  Shortly  after  that  date,  it  was 
learned  by  the  Commission,  a  very  serious  reduction  in  the 
amount  of  water  deliveries  took  place  and  complaints  began 
pouring  in  as  to  the  conditions  resulting  therefrom.  As  a 
result  the  Commission  decided  to  send  special  representative* 
to  the  project,  later  in  the  season,  for  the  purpose  of  investi- 
gating conditions  more  thoroughly,  and  before  the  final  drafi 
of  the  report  on  the  project  was  made,  three  members  of  the 
Commission  visited  the  tract  and  held  meetings  at  various 
points. 

On  June  10th  an  examination  was  made  of  the  irrigation 
system  known  as  the  King's  Hill  project,  located  in  Owyhee 
and  Elmore  counties.  As  the  difficulties  here  were  largely 
of  an  engineering  nature,  and  the  growing  season  well  ad- 
vanced for  that  section,  our  report  was  completed  and  sub- 
mitted at  the  October  session  of  the  Commission. 

Mr.  J.  A.  Waters  was  delegated  by  the  other  members  to 
make  a  personal  examination  of  the  tract  known  as  the  Idaho 
Irrigation  project,  located  in  Elaine,  Lincoln  and  Gooding 
counties.  This  investigation  was  made  during  the  months  of 
September  and  October,  and  covered  a  period  of  several  days, 
and  inclu3ed  interviews  and  meetings  with  the  settlers  and 
conferences  with  the  operative  board.  Basing  our  conclusions 
upon  the  written  reports  of  this  member,  final  recommenda- 
tions were  prepared  and  have  already  been  submitted  to  you 
regarding  conditions  on  this  project. 


14  Report  of  Commission 

The  status  of  the  West  End  Twin  Falls  project  has  also 
been  examined  into  and  recommendations  for  the  relief  of 
the  settlers  on  this  tract,  through  action  of  the  Land  Board, 
have  been  suggested  to  you. 

In  furtherance  of  its  duties  in  recommending  legislation 
looking  to  a  revision  of  the  laws  on  irrigation  and  drainage, 
this  Commission  assigned  to  the  respective  members  of  the 
Commission,  the  investigation  of  the  workings  of  various 
irrigation  enterprises  throughout  the  State  for  the  purpose 
of  determining  the  efficiency  of  the  laws  for  the  operation  of 
such  irrigation  enterprises  as  are  not  included  in  the  list  of 
Carey  Act  projects.  These  investigations  were  extended  to 
include  a  study  of  the  methods  of  appropriating  and  adjudi- 
cating the  waters  of  the  State,  the  management  of  irrigation 
.'districts,  the  method  of  making  assessments  for  the  mainte- 
nance of  such  enterprises,  and  the  practicability  of  our  ir- 
rigation system. 

The  conclusions  of  the  Commission  are  embodied  under 
the  title :  "Recommended  Irrigation  Legislation,"  which  fol- 
lows : 

Respectfully  submitted, 

IDAHO  IRRIGATION  AND  DRAINAGE  CODE  COMMISSION. 

ERNEST  ANDERSON, 
J.  A.  WATERS, 
E.  E.  ELLIOTT, 
D.  L.  CARTER, 

Members. 


RECOMMENDED  IRRIGATION 
LEGISLATION 


Senate  Bill  No.  113  provides  among-  other  things  that: 
"The  Commission  shall  draft  such  legislation  relating  to  the 
industries  of  irrigation  and  drainage  as  may  be  deemed  ad- 
visable to  submit  to  a  proper  legislative  body  for  enactment 
into  law,  and  *  to  make  such  recommenda- 

tions and  draft  such  legislation  as  may  be  deemed  wise  and 
expedient  for  the  relief  of  settlers  on  Carey  Act  lands." 

The  Commission  has  investigated  our  present  system  of 
adjudicating  water  rights  and  in  administering  the  irriga- 
tion law  of  the  State,  and  find  that  water  litigation  is  in- 
creasing to  an  alarming  extent;  that  the  present  methods  of 
adjudication  are  cumbersome  and  inflexible  and  we  deem  it 
imperative  that  some  way  be  devised  by  which  adjudications 
may  be  made  less  expensive  and  more  equitable,  and  that  the 
duty  of  water  may  be  varied  according  to  the  conditions  as 
they  arise.  The  Commission  therefore  proposes  a  plan  that, 
while  it  is  in  a  measure  revolutionary  so  far  as  the  State  of 
Idaho  is  concerned,  various  features  of  it  have  been  in  op- 
eration in  Wyoming  and  Oregon  and,  though  severely  criti- 
cised, apparently  are  successful  there.  The  plan  as  proposed 
by  the  Commission  would  effect  a  change  whereby  the  ad- 
ministration and  adjudication  of  the  waters  of  the  State 
would  be  placed  in  the  hands  of  a  board  complosed  of  the 
State  Engineer  and  two  other  members  appointed  by  the 
Governor  'from  different  irrigated  sections  of  the  State. 

We  believe  that  the  tenure  of  office  should  be  appointive  by 
the  Governor  on  a  non-partisan  basis  and  that  the  appoint- 
ment should  be  confined  to  men  who  are  familiar  with  irri- 
gation conditions,  but  we  do  not  believe  that  they  should 


16  Report  of  Commission 

necessarily  be  technical  men,  as  the  technical  experience  could 
be  well  supplied  by  the  State  Engineer.  The  term  of  office 
should  be  four  years  and  after  the  organization  of  the  board 
the  appointments  should  be  made  alternately.  The  salary, 
we  believe,  should  be  not  more  than  $3,000.00  a  year. 

This  board  should  be  given  the  power  of  adjudicating  the 
waters  of  the  State  on  their  own  motion  or  upon  a  call  from 
a  small  percentage  of  the  water  users  of  any  stream.  In  or- 
der to  avoid  a  conflict  with  our  Constitution,  as  these  powers 
might  be  considered  judicial,  we  would  recommend  that  the 
findings  of  this  board  be  sent  to  the  district  judge  for  con- 
firmation or  rejection,  and  if  rejected  sent  back  to  the  board 
for  further  consideration. 

We  believe  this  board  should  be  given  the  power  to  change 
existing  decrees,  where,  because  of  the  change  of  condi- 
tions, the  same  is  not  conducive  to  the  highest  beneficial 
use  of  water;  and,  further,  that  this  change  could  be  made 
on  very  short  notice  at  any  time  during  the  irrigating  sea- 
son, whenever  necessary. 

The  Commission  has  drafted  a  bill  embodying  the  above 
principles,  but  because  of  the  drastic  changes  proposed  an4 
because  of  the  difference  of  opinion  of  the  members  of  the 
Commission  as  to  certain  features  of  the  bill,  we  have  deemed 
it  best  to  submit  this  outline  of  our  recommendations,  believ- 
ing that  by  further  study  of  the  principles  of  the  bill,  the  ideas 
will  be  crystallized  into  a  definite  workable  bill  that  can  be 
presented  to  the  next  Legislature  for  enactment  into  law. 

There  are  at  the  present  time  two  methods  of  appropriat- 
ing water,  to-wit :  The  constitutional  method,  which  per- 
mits appropriations  by  merely  posting  notices  of  filing  and 
making  beneficial  use  of  the  water;  and  the  statutory  method, 
by  filing  an  application  with  and  securing  a  permit  from  the 
State  Engineer.  These  two  methods  have  tended  to  create 
confusion,  as  no  record  is  made  by  the  constitutional  method. 


Report  of  Commission  17 

The  Commission  has  therefore  drafted  proposed  amend- 
ments to  the  Constitution  with  this  end  in  view,  and  the 
same  has  been  submitted  to  you. 

CAREY  ACTS. 

The  Commission  gave  the  fullest  possible  consideration  to 
the  Carey  Act  problems  confronting  the  State.  We  have  en- 
deavored to  supplement  our  own  knowledge  and  our  experi- 
ences gained  by  investigation  by  the  opinion  of  well  informed 
men  on  irrigation  law. 

Inasmuch  as  the  State  has  suffered  to  a  large  extent  in  the 
number  of  enterprises  for  the  reclamation  of  arid  lands,  the 
Commission  deems  it  of  paramount  importance  that  some 
changes  be  made  in  the  laws  relating  to  the  subject. 

In  view  of  the  fact  that  companies  have  been  promoted 
with  but  little  or  no  capital  and  have  depended  to  such  a 
large  extent  upon  the  money  advanced  by  the  purchasers  of 
water  rights,  we  deem  it  best  that  no  company  be  permitted 
to  sell  any  water  rights  until  it  has  on  hand  an  amount  of 
money  equal  to  at  least  forty  per  cent  of  the  cost  of  construc- 
tion as  estimated  by  the  State  Engineer.  This  would  of  it- 
self insure  more  careful  engineering  and  prevent,  in  a  large 
measure,  the  failure  of  many  enterprises. 

We  would  therefore  recommend  changing  Section  1621 
of  the  Revised  Codes  pertaining  to  Carey  Acts  to  that  end. 

We  would  also  recommend  that  only  such  portion  of  the 
land  be  opened  for  settlement  at  any  time  as  has  water  ac- 
tually available  to  irrigate  it,  and  that  small  units  of  segre- 
gation be  made.  If  the  water  is  actually  made  available  be- 
fore the  settler  is  permitted  to  take  up  the  land  he  may  then 
safely  prepare  his  lands  for  crops  with  assurance  of  success. 

And  we  would  further  recommend  that  the  contracts  with 
the  settlers  do  not  require  the  payment  of  any  sum  of  money, 
except  maintenance,  before  the  end  of  two  years  after  the 
entry  is  made,  and  then  that  only  interest  be  required  for  a 


18  Report  of  Commission 

period  of  years,  and  payments  on  the  principal  and  interest 
be  made  on  a  graduated  scale  which  would  retire  the  prin- 
cipal at  the  end  of  a  fixed  period. 

\Ye  find  that  in  many  instances  the  bondholders  on  the  ir- 
rigation projects  stand  to  lose  because  they  have  bought 
their  bonds  only  to  later  find  out  that  the  project  is  not  on 
a  solid  basis.  In  order  to  protect  these  bondholders  we  would 
therefore  recommend  that  a  law  be  passed  preventing  the 
sale  of  any  bonds  until  the  project  is  at  least  twenty-five  per 
cent  complete.  This  would  tend  to  do  away  with  the  specu- 
lative features  and  give  our  irrigation  bonds  a  more  fixed 
and  stable  value  at  very  near  par. 

Section  1624  of  our  Carey  Act  law  provides  that:  "Noth- 
ing in  this  chapter  shall  be  construed  as  authorizing  the 
board  to  obligate  the  State  to  pay  for  any  work  constructed 
under  any  contract  or  to  hold  the  State  in  any  way  respon- 
sible to  settlers  for  the  failure  of  contractors  to  complete  the 
work  according  to  the  terms  of  their  contracts  with  the  State." 

Your  Commission  finds  that  in  spite  of  this  section  of  our 
law  numerous  enterprises  have  in  one  way  or  another  ad- 
vertised that  the  State  was  back  of  the  project,  and  some 
members  of  past  land  boards  held  out  such  assurances  to  the 
settlers  who  were  influenced  by  this  representation.  In  order 
that  a  recurrence  of  such  false  representations  may  be  pre- 
vented we  would  recommend  that  Section  1625  of  the  Carey 
Act  providing  for  the  publication  of  notices  of  opening  be 
amended  by  adding  thereto,  that  such  notice  shall  specifiically 
state  that  the  State  is  not  in  any  way  responsible  for  the  fail- 
ure of  the  contractors  to  complete  the  work  according  to  the 
terms  of  the  contract  with  the  State. 

IRRIGATION  DISTRICTS. 

Your  Commission  have  also  considered  the  irrigation  dis- 
trict law  and  believe  that  some  minor  changes  should  be  made 
therein.  In  some  irrigation  districts  there  is  a  large  acreage 


Report  of  Commission  19 

of  lands  held  under  homestead  and  desert  land  laws  and  the 
title  to  the  same  has  not  yet  passed  from  the  United  States 
Government.  These  lands  were  all  bonded  to  pay  the  cost  of 
the  irrigation  system  and  the  annual  maintenance  of  the 
same.  The  owners  of  these  lands  know  that  so  long  as  the 
title  remains  in  the  United  States  Government  they  cannot 
be  reached  by  delinquent  tax  sales.  The  result  is  that  they 
refuse  to  pay  the  tax  assessments,  which  throws  an  increased 
burden  upon  the  owners  of  the  patented  lands.  We  believe 
that  the  laws  should  be  amended  so  that  irrigation  districts 
may  be  permitted  to  refuse  to  deliver  water  to  such  land  set- 
tlers whose  assessments  are  delinquent,  and  to  refuse  to  de- 
liver any  water  to  them  so -long  as  their  taxes  remain  delin- 
quent. 

Section  2412,  as  amended  by  Chapter  88  of  the  Session 
Laws  of  1915,  should  be  amended  by  adding  thereto: 

"And  Provided,  -further,  That  maintenance  warrants  in  the 
hands  of  the  original  payee  may  be  used  in  the  payment  of 


DRAINAGE  LAWS  OF  IDAHO 


The  drainage  laws  of  Idaho  are  of  comparatively  recent  en- 
actment. The  old  law,  which  was  on  the  statute  book  pre- 
vious to  1911,  had  been  copied  closely  after  the  laws  of  the 
State  of  Washington,  and  was  so  loosely  drawn  that  there 
had  always  been  grave  doubts  as  to  its  constitutionality.  Pre- 
vious to  1911,  little  effort  had  been  made  to  promote  drain- 
age enterprises,  owing  to  doubt  of  the  adequacy  of  the  law. 

In  1911,  under  a  test  case  brought  up  from  Bonner  county, 
this  law  was  declared  invalid  by  the  supreme  court  on  the 
grounds  that  it  was  in  conflict  with  Section  21,  Article  1,  of 
the  Constitution,  which  prohibited  a  property  qualification 
for  any  electoral  proposition  except  as  specified.  The  entire 
law  was  wiped  from  the  statute  books  and  the  present  law, 
as  originally  enacted,  was  passed  by  the  Legislature  of  1913. 

At  the  1915  session  some  immaterial  amendments  were 
added  to  the  law,  intended  to  make  it  of  wider  application, 
particularly  for  drainage  purposes  in  irrigation  districts.  So 
far,  the  law  has  not  been  thoroughly  tested  out  as  a  working 
medium  since  but  two  districts  have  been  fully  organized, 
and  none  have  advanced  so  far  as  to  complete  their  systems 
since  1913.  The  law  as  drawn  is  very  comprehensive  and 
was  intended  to  meet  all  conditions  that  materialized  in  all 
sections  of  the  State. 

In  Idaho,  drainage  will  naturally  be  carried  out  under  two 
general  conditions.  One  will  be  the  drainage  of  swamp  lands 
along  the  rivers  and  streams,  particularly  those  of  the  north- 
ern part  of  the  State.  The  other  will  be  reclamation  of  lands 
through  drainage  in  irrigated  sections,  chiefly  in  the  south- 
ern part  of  the  State,  which  have  become  water-logged  from 
excessive  irrigation.  A  general  law  to  meet  both  of  these 


Report  of  Commission  21 

conditions   must   necessarily   be   of   wide   application   as   this 
law  was  intended  to  be. 

So  far  no  material  defects  have  been  reported  by  the  com- 
missioners or  attorneys  for  the  various  districts  that  have  been 
established,  or  are  at  present  in  process  of  organization.  Ow- 
ing to  constitutional  hindrances,  it  was  necessary  to  provide 
a  form  or  organization  which  was  outside  of  the  electorate 
of  the  districts.  This  was  done  by  placing  the  supervision  of 
such  work  in  the  hands  of  the  judges  of  the  district  courts. 

Some  complaint  has  arisen  on  this  account  because  the  land 
owners  themselves  are  not  permitted  to  have  a  closer  control 
over  the  projects  in  which  they  are  so  vitally  interested.  The 
very  fact,  however,  that  the  administration  is  under  the  con- 
trol of  the  court  insures  its  impartial  administration,  and 
some  attorneys  declare  that  this  is  one  of  the  strongest  feat- 
ures of  the  present  law. 

Other  complaints  have  been  made  as  to  the  method  re- 
quired for  serving  notices  on  interested  parties  in  making 
the  assessments  for  benefits  and  damages.  While  this  pro- 
cedure may  be  unusually  complicated,  it  is  apparently  in- 
tended to  insure  the  fullest  publicity  in  such  matters,  since 
every  party  in  interest  is  required  to  be  informed  as  to  the 
exact  procedure  and  his  personal  interest  therein. 

As  time  goes  on  and  experience  demonstrates,  there  will  no 
doubt  be  other  amendments  to  the  present  law  required,  but 
since  this  law  has  already  been  passed  on  twice  by  the  su- 
preme court,  and  its  constitutionality  determined,  there  seems 
to  be  no  reason  to  doubt  its  adequacy  for  the  general  condi- 
tions which  prevail  in  this  State. 


EXPENDITURES  OF  COMMISSION 


Appropriation    $4500 . 00 

Railroad  and  auto  fares $  698.80 

Hotel  and  meals 465 . 30 

Per  diem  allowances 1415 .00 

Legal  and  technical  assistance 450.00 

Clerical  assistance 165 .85 

Postage  and   stationery 58 . 75 

Telephones  and  telegraph 24 . 69 

Printing  codified  laws 315.00 

Printing  reports    152.00 

Miscellaneous  1 6 . 00 


Total $3795.39 

Unexpended  appropriation    704.61 


$4500.00    $4500.00 


REPORT  ON  THE  BIG  LOST 
RIVER  PROJECT 


The  Commission  appointed  by  you  under  and  by  virtue 
of  the  provisions  of  Senate  Bill  No.  113  to  revise  and  codify 
the  irrigation  and  drainage  laws  of  the  State  and  to  suggest 
relief  for  the  settlers  on  the  Carey  Act  lands,  report  that 
the  Commission  met,  pursuant  to  the  call  of  the  chairman, 
Chase  A.  Clark,  on  May  llth,  at  the  capitol,  in  Boise,  Idaho, 
and  organized  by  the  selection  of  D.  L.  Carter  as  secretary 
of  the  Commission,  and  for  the  transaction  of  such  business 
as  is  ordinarily  followed  out  in  perfecting  an  organization. 

There  being  at  that  time  only  three  members  of  the  Com- 
mission present,  it  was  decided  to  defer  further  work  until 
the  full  attendance  could  be  secured. 

Accordingly,  the  Commission  was  called  to  meet  at  Arco 
on  June  1st  to  consider  matters  relating  to  the  Big  Lost  River 
Irrigation  project.  The  entire  membership  of  this  Commission 
was  present  and  called  a  meeting  of  settlers  and  entrymen, 
which  was  held  in  the  city  hall  and  at  which  a  large  number 
of  Carey  Act  settlers  were  present,  together  with  representa- 
tives of  the  Utah  Construction  Company,  which  is  now  the 
legal  successor  of  the  original  construction  and  bonding  com- 
panies. 

At  this  meeting,  the  proposed  new  contract  of  the  Utah 
Construction  Company  was  fully  discussed  and  the  ideas  of* 
the  settlers  secured.  Following  this  meeting  an  additional 
conference  was  held  with  the  Settlers'  Carey  Act  Protective 
Association. 

On  the  following  day,  the  members  of  the  Commission  vis- 
ited the  entire  area  of  the  project  proposed  to  be  irrigated, 


24  Report  of  Commission 

by  auto,   traveling  in  all  about   125   miles,   and  arriving  at 
Mackay  late  the  same  evening. 

On  the  following  morning  we  made  the  trip  to  inspect  the 
Mackay  dam  and  were  accompanied  by  Mr.  Wattis,  the  sec- 
retary, and  Mr.  Gibbs,  the  engineer,  of  the  Utah  Construc- 
tion Company.  The  entire  forenoon  was  spent  in  going 
over  and  examining  this  structure.  In  the  afternoon  a  meet- 
ing of  the  citizens  was  held  in  order  to  secure  their  views 
regarding  reconstruction  of  the  dam  so  as  to  protect  the  lives 
and  property  of  the  people  of  Mackay.  Following  this  meet- 
ing, the  Commission,  traveling  by  auto,  went  to  the  town  of 
Howe,  on  the  Little  Lost  River  Irrigation  project,  where 
they  spent  the  night  and  held  a  brief  meeting  with  the  settlers 
of  that  place.  On  the  following  day,  the  trip  was  made 
through  the  Elaine  County  Irrigation  project  as  far  as  the 
Little  Lost  River  dam,  located  a  few  miles  above  the  town 
of  Bernice. 

On  this  trip  we  made  a  point  of  interviewing  as  many  set- 
tlers as  possible  in  order  to  secure  their  opinions.  Arriving 
at  Arco  about  noon,  the  Commission  left  for  South  Idaho 
points,  and  visited  in  turn  a  number  of  Carey  Act  projects, 
on  which  we  will  make  a  complete  report  and  file  same  with 
you  at  a  later  date. 

It  is  the  purpose  and  intent  of  the  Commission  at  this  time 
to  make  only  a  partial  report  of  its  labors  and  this  will  in- 
clude only  our  investigation  on  the  first  project  visited,  known 
as  the  Big  Lost  River  project. 

The  Commission  has  fully  gone  into  the  details  with  the 
Utah  Construction  Company  regarding  the  contract  under 
which  it  proposes  to  revive  this  project  and  complete  the  nec- 
essary construction  work. 

The  Commission  is  of  the  opinion  that  it  is  desirable  to 
complete  the  plans  and  proposals  of  this  company  and  to  ar- 
range for  the  resumption  of  the  construction  work  at  the 


Report  of  Commission  25 

very  earliest  possible  date.  Matters  of  detail  relating  to  the 
contract  may  be  difficult  to  solve,  especially  those  concern- 
ing the  duty  of  water,  but  it  would  seem  that  the  magnitude 
of  the  proposed  expenditures  on  the  part  of  the  Utah  Con- 
struction Company  and  the  very  great  interests  of  the  set- 
tlers involved,  should  secure  easy  adjustment  without  serious 
delay. 

In  the  construction  of  the  Mackay  dam,  which  is  the  most 
important  thing  in  the  rebuilding  of  the  system,  there  are 
three  parties  at  interest: 

The  first  and  most  important  of  these  is  the  City  of  Mackay, 
which  desires  to  protect  the  lives  and  property  of  its  citizens. 

The  second :  the  settlers. 

The  third :  the  construction  company. 

If  the  Mackay  dam  can  be  so  rebuilt  as  to  insure  the  first 
parties  at  interest,  then  the  rest  of  the  problem  ought  to  be 
a  matter  of  easy  solution. 

The  Utah  Construction  Company  appears  willing  to  meet 
any  requirements,  however  rigid,  that  may  be  laid  down  by 
the  State  Land  Board,  and  the  citizens  of  Mackay  have  ex-. 
pressed  themselves  as  willing  for  the  resumption  of  this 
work,  provided  that  the  plans  and  specifications  that  may  be 
submitted  shall  have  the  approval  of  a  competent  engineer  of 
their  own  selection.  We  accordingly  recommend  that  these 
plans  should  be  prepared  by  the  engineers  of  the  construction 
company  after  full  agreement  with  the  State  Engineer,  and 
that  they  be  submitted  to  a  third  engineer,  whose  selection 
shall  be  acceptable  to  the  citizens  of  Mackay  and  who  shall 
hold  an  advisory  position  and  who  shall  serve  only  in  an 
advisory  capacity. 

The  compensation  of  this  engineer  might  be  arranged  by 
having  him  serve  temporarily  as  an  assistant  in  the  State 
Engineer's  department.  By  such  an  arrangement,  or  in  some 


26  Report  of  Commission 

other  way,  the  citizens  of  Mackay  should  be  relieved  of  the 
burden  of  his  compensation. 

So  far  as  the  details  of  this  construction  are  concerned,  it 
is  not  within  the  province  of  this  Commission  to  make  any 
suggestions  except  to  strongly  urge  the  protection  of  the  lives 
and  property  of  the  citizens  of  Mackay. 

Regarding  the  agreement  or  contract,  which  the  Utah  Con- 
struction Company  offers  for  water  users  when  the  system 
is  completed,  we  believe  for  the  most  part  that  this  proposed 
contract  is  fairly  reasonable  in  most  of  its  details. 

There  is,  however,  a  rather  serious  objection  on  the  part 
of  many  of  the  holders  of  contracts  under  the  former  com- 
pany, which  is  now  defunct,  particularly  in  the  matter  of  the 
duty  of  water. 

The  new  contract  proposes  to  reduce  the  amount  of  water 
to  be  furnished  to  two  acre-feet  and  many  of  the  settlers  con- 
tend this  is  insufficient  for  the  needs  of  the  lands  included 
within  this  segregation.  On  the  other  hand,  the  construction 
company  contends  that  they  consider  this  amount  ample  for 
irrigation  needs  and  are  in  doubt  as  to  their  ability  to  insure 
a  larger  supply. 

In  addition,  however,  the  construction  company  asks  for 
privilege  or  reservation  of  the  right  to  supply  other  lands  in 
case  this  water  supply  should  prove  greater  than  their  pres- 
ent estimate. 

It  would  appear  to  the  Commission,  if  the  company  at  any 
time  should  be  able  to  supply  a  larger  amount  of  water  than 
proposed  in  the  two  acre-feet,  that  some  provision  should  be 
inserted  in  the  contract  whereby  a  part,  at  least,  of  this  ad- 
ditional water  supply  would  be  for  use  of  the  settlers  con- 
tracting only  for  the  minimum  amount. 

In  other  words,  if  the  contract  could  be  so  adjusted  so  as 
to  secure  the  full  quota  of  two  acre-feet  and  the  settlers  be 
allowed  the  possible  increase  of  this  amount  up  to  2l/2  acre- 


Report  of  Commission  27 

feet  before  additional  lands  are  sold,  we  believe  it  would 
meet  with  the  approval  of  all  those  who  would  sign  the  pro- 
posed contract. 

Another  point  which  the  Commission  would  suggest  is  that 
the  point  of  diversion  from  which  the  settler  shall  have  his 
water  measured  should  be  by  actual  survey  not  less  than  a 
half  mile  distant  from  the  land  sold  to  the  individual  by 
the  way  of  the  nearest  water  course,  as  serious  loss  of  water 
is  likely  to  occur  in  some  of  the  gravelly  soil  of  this  tract  if 
measured  at  a  greater  distance  from  the  land.  This  is  par- 
ticularly true  of  that  part  of  the  segregation  known  as  the 
Powell  tract,  where  it  is  evident  that  the  sub-surface  is  quite 
gravelly  and  where  the  water  losses  will  be  much  greater 
than  on  other  portions  of  the  seggregation. 

If  it  were  possible  to  arrange  for  a  separate  contract  on 
the  lands  on  this  division,  so  as  to  allow  the  maximum  water 
mentioned,  we  believe  that  there  would  be  little  controversy 
with  the  contract  holders  of  the  lands  on  the  other  two  tracts, 
known  as  Arco  and  Era. 

We  do  not  believe  that  the  company  should  be  allowed  to 
enter  into  a  contract  for  the  supply  of  water  to  lands  exceed- 
ing 60,000  acres  until  the  construction  company  shall  have 
first  demonstrated  to  the  satisfaction  of  the  State  Board  of 
Land  Commissioners  their  ability  to  supply  the  contracc 
amount  of  water  to  such  additional  lands  over  and  above  the 
amount  of  water  called  for  by  the  contracts  of  the  first  60,- 
000  acres.  The  construction  company  should  have  the  privi- 
lege from  time  to  time  to  sell  such  additional  water  rights 
when  they  have  demonstrated  their  ability  to  comply  with  the 
contract  provisions  thereof. 

We  consider  the  proposals  for  payment  on  the  part  of  the 
contract  holders  and  the  other  terms  of  these  contracts  quite 
liberal,  and  certainly  should  not  be  opposed  by  the  settlers. 

We  especially  approve  the  proposed  method  to  distribute 
water  by  the  rotation  system. 


28  Report  of  Commission 

We  would  further  recommend  that  the  period  for  furnish- 
ing water  for  irrigating  purposes  be  limited  to  the  irriga- 
tion or  growing  period  of  the  year  and  that  water  for  do- 
mestic purposes  only  be  furnished  at  other  times. 

We  believe  that  in  the  settlement  of  these  lands  under  the 
proposed  new  contract  every  effort  should  be  made  to  induce 
the  return  of  original  settlers  under  this  project  and  that  the 
utmost  protection  be  furnished,  insofar  as  it  can  legally  be 
done,  to  parties  who  endeavored  to  carry  out  in  good  faith 
the  terms  of  the  original  contract. 

We  realize  that  in  the  discouraging  years  they  passed 
through,  a  large  majority  of  the  original  settlers  have  aban- 
doned their  lands  and  some  have  thereby  endured  serious 
losses  and  the  State  should  in  every  possible  way  endeavor 
to  correct  those  mistakes  of  the  past  and  encourage  the  sign- 
ing of  the  new  contract.  This  may  be  done  by  giving  the 
preferential  right  of  entry  previous  to  any  drawing  that  may 
be  made  or  the  selection  of  other  lands  than  those  which  were 
previously  embraced  in  the  original  filing. 

We  believe  that  the  State  should  make  plain  its  intention 
to  carry  out  in  good  faith  the  efforts  which  have  been  made 
to  settle  this  tract  with  a  permanent  class  of  citizens,  and 
this,  we  are  confident,  will  be  accomplished,  as  soon  as  confi- 
dence in  the  project  is  restored  through  carrying  out  the  above 
plans. 


REPORT  ON  TWIN  FALLS  SALMON 
RIVER  PROJECT 


In  compliance  with  the  powers  and  in  pursuance  of  the 
duties  conferred  on  the  Idaho  Irrigation  and  Drainage  Code 
Commission  by  the  provisions  of  Senate  Bill  No.  113  of  the 
1915  Session  Laws  of  Idaho,  we  hereby  transmit  the  report 
of  our  findings  with  reference  to  the  physical  conditions  of 
the  Twin  Falls  Salmon  River  project,  more  properly  known 
as  the  "Salmon  River  tract,"  located  in  Twin  Falls  county, 
Idaho,  together  with  such  recommendations  as  the  Commis- 
sion believes  should  be  adopted  for  the  relief  of  settlers  and 
entrymen  in  this  project.  In  order  that  it  might  familiarize 
itself  with  actual  conditions  on  the  tract,  the  Commission 
visited  the  same  on  the  7th  day  of  last  June.  At  that  time 
the  dam  and  reservoir,  which  are  located  about  eight  miles 
southwest  of  Rogerson,  were  inspected.  Members  of  the 
Commission  made  a  trip  over  the  canal  and  distributing  sys- 
tem, and  a  public  meeting  of  the  settlers  was  held  in  the  town 
of  Hollister.  The  Commission  also  made  a  trip  down  the 
canyon  below  the  dam  for  the  purpose  of  securing  a  general 
idea  as  to  the  amount  of  water  losses  occurring  from  the  dam 
and  the  crevices  in  the  walls  of  the  reservoir.  It  is  clearly  ap- 
parent that  these  losses  are  very  heavy,  a  condition  which 
will  be  difficult  to  remedy.  No  data  is  available  showing  the 
losses  from  the  dam  and  from  the  crevices  in  the  upper  walls 
in  the  reservoir,  but  there  are  several  reports  giving  the  av- 
erage reservoir  losses,  which  include  evaporation  and  all 
losses  in  the  reservoir. 

The  builders  of  this  project  are  to  be  congratulated  upon 
the  substantial  manner  in  which  the  system  was  constructed. 
The  canal  system,  with  a  few  minor  changes,  seems  adequate 
and  ample  to  convey  all  available  water.  The  dam  is  a  solid 


30  Report  of  Commission 

concrete  structure,  built  in  a  most  substantial  manner.  So 
far  as  adequacy  and  permanency  of  the  structure  are  con- 
cerned the  designers  and  builders  thereof  are  to  be  com- 
mended for  their  efforts.  The  most  serious  problem,  and  the 
one  which  has  caused  all  the  defects  in  this  project,  is  due  to 
the  shortage  of  water.  The  original  promoters  made  mere 
guesses  of  the  available  water  supply,  a  most  unbusinesslike 
manner  of  determining  the  average  annual  run-iff  of  the  Sal- 
mon river  and  its  tributaries.  The  expenditure  of  such  large 
sums  of  money  as  were  contemplated  on  this  project,  should 
have  been  preceded  by  a  most  thorough  systematic  investi- 
gation of  the  available  water  supply.  This  lack  of  foresight 
together  with  a  lack  of  available  engineering  data  of  the  con- 
struction company,  is  responsible  for  the  losses  and  suffer- 
ing on  this  tract.  The  promoters  and  builders  of  this  project 
went  into  it  for  what  they  could  make,  and  if  by  their  own 
lack  of  business  discretion  and  care  there  is  brought  upon 
them  the  chances  of  loss,  they,  and  their  successors,  should 
uncomplainingly  bear  the  same.  Had  these  promoters  and 
builders  made  a  careful  investigation  of  the  available  water 
supplv,  as  it  was  their  duty  to  do  before  entering  upon  such 
a  large  undertaking,  the  present  difficulties  would  not  exist. 

As  an  illustration  of  the  manner  and  methods  used  by  the 
construction  company  in  determining  the  annual  run-iff, 
attention  is  called  to  a  report  of  one  of  the  company's  en- 
gineers, prepared  by  John  Hays  in  1907.  In  that  report  Mr. 
Hays  estimates  the  annual  run-off  of  the  Salmon  river  and 
its  tributaries  at  458,000  acre-feet.  That  figure  is  secured 
by  computing  the  drainage  area  and  the  precipitation  on  said 
area,  and  deducting  therefrom  the  losses  due  to  absorption 
by  the  soil ;  a  method  at  variance  with  the  best  engineering 
authority.  In  1908  James  Stevenson,  Jr.,  then  State  En- 
gineer, made  a  somewhat  similar  estimate,  and  his  conclu- 
sion was  that  there  was  available  an  annual  average  run-off 
of  not  less  than  400,00  acre-feet.  These  were  mere  estimates, 
based  on  no  records  of  the  State  Engineer's  office  or  on  the 


Report  of  Commission  31 

records  of  the  United  States  Geological  Survey.  Since  that 
time  the  State,  the  construction  company,  and  the  United 
United  States  Geological  Survey,  have  co-operated  in  main- 
taining a  gauging  station  on  the  Salmon  river,  and  accurate 
data  as  to  the  actual  run-iff  have  been  secured.  This  data 
covers  a  period  of  seven  years.  Former  State  Engineer  Mr. 
A.  E.  Robinson,  has  prepared  a  report  based  on  the  records 
received  from  the  United  States  Geological  Survey  as  to  the 
annual  run-off,  and  from  data  secured  by  him  while  in  the 
employ  of  the  Settlers'  Association  as  to  the  canal,  distribu- 
tion and  reservoir  losses,  on  the  Salmon  River  project,  which 
report  follows,  and  is  made  a  part  hereof : 

Boise,  Idaho,  October  13,  1915. 
To  the  Commission  on  Irrigation, 

Thirteenth  Legislative  Assembly,  Idaho. 
Gentlemen : 

At  the  request  of  the  Salmon  River  Settlers'  Association, 
I  beg  to  submit  to  you  the  following  estimate  of  land  sus- 
ceptible of  irrigation  on  the  Salmon  River  project. 

WATER  SUPPLY. 

The  records  of  the  U.  S.  Geological  Survey  cover  seven 
years'  flow  of  the  Salmon  river,  and  by  estimating  the  flow 
for  several  short  periods,  during  which  the  records  are  not 
complete,  we  have  the  following : 

1908 134,500  acre-feet 

1910 136,200  acre-feet 

1911 98,600  acre-feet 

1912 160,000  acre-feet 

1913 105,000  acre-feet 

1914 132,400  acre-feet 

1915 50,000  acre-feet 

This  gives  as  the  average  for  seven  years,  116,700  acre- 
feet. 

It  may  be  contended  that  it  is  not  fair  to  include  the  run- 
off for  1915,  which  is  exceptionally  low.  The  same  reason 
would  apply  to  1912,  which  is  above  normal  .  It  is  a  well- 


32  Report  of  Commission 

known  fact  that  the  run-off  of  any  stream  varies  greatly 
from  year  to  year,  and  that  no  two  years  are  entirely  simi- 
lar; that  there  is  no  regularity  in  the  occurrence  of  low  and 
high  water  years,  and  that  to  make  an  accurate  estimate  and 
prediction  as  to  future  conduct,  the  records  for  as  long  a 
term  of  years  as  can  be  had  must  be  used.  Seven  year's  rec- 
ords are  none  too  many  at  best,  and  certainly  not  enough  to 
justify  the  elimination  of  any  year,  no  mater  how  high  above 
or  far  below  normal  it  may  seem  to  be. 

In  addition  to  Salmon  river,  the  project  receives  the  flow 
of  Cottonwood  and  China  creeks,  small  streams  whose  flow  is 
not  measured  at  the  Salmon  river  gauging  station.  We  have 
no  record  of  their  run-off,  but  an  analysis  of  the  reservoir 
losses  indicates  that  the  flow  aggregates  3,500  acre-feet. 

It  does  not  appear  at  this  time  that  the  recent  decree  of  the 
United  States  district  court  of  12,000  acre-feet  to  the  Vine- 
yard Land  and  Stock  Company  will  materially  reduce  the 
flow  in  the  Salmon  below  that  measured  in  recent  years. 
Therefore  the  flow  available  above  the  reservoir  will  be: 

Salmon  river    116,700  acre-feet 

Cottonwood  and  China  creeks.  .  .        3,500  acre-feet 

Total 120,200  acre-feet 

The  question  of  losses  in  the  Salmon  river  is  one  that  has 
received  its  share  in  all  discussions  relating  to  the  water  sup- 
ply for  this  project,  and  while  these  losses  have  been  ex- 
cessive in  the  past,  the  condition  of  the  reservoir  bottom 
has  improved  greatly,  and  the  losses  diminished.  An  esti- 
mate of  future  losses  should  take  into  consideration  all  the 
conditions  peculiar  to  the  reservoir  basin.  The  basin  is  con- 
tained, for  the  most  part,  between  nearly  vertical  walls .  of 
basalt ;  in  the  other  portions,  in  a  steep-sided  valley  cut  through 
the  same  basalt.  The  basalt  lies  in  horizontal  beds,  or  flows, 
having  an  average  thickness  of  about  10  feet.  These  flows 
are  continuous,  so  that  no  serious  vertical  cracks  are  in  evi- 
dence immediately  adjacent  to  the  reservoir,  although  there 
is  one  crack  five  feet  wide  about  a  mile  below  the  dam. 
At  the  surface  of  the  rock,  cracks  due  to  desquamation 
appear,  but  these  do  not  penetrate  into  the  body  of  the  rock 
for  any  great  distance,  and  are  not  responsible  for  the  loss 


Report  of  Commission  33 

of  water.  The  flows  are,  in  general,  separated  from  each 
other  by  intercalated  beds  of  clay  and  soil.  The  surfaces 
of  the  flows  are  irregular,  and  the  thicknesses  of  the  clay 
therefore  vary  from  seams  to  a  foot  or  more.  The  improve- 
ment in  the  containing  function  of  the  reservoir  has  been 
due  to  the  scaling  of  such  cavities  by  the  action  of  the  water 
seeping  through  them.  This  would  be  expected  in  cases 
where  the  soil  completely,  or  almost  completely,  filled  the 
cavities  between  the  layers  of  basalt. 

There  are  cavities  between  the  flows,  and  in  the  bodies  of 
the  flows,  only  partially  filled  with  clay.  When  the  seepage 
water  from  the  reservoir  should  penetrate  into  such  a  cavity, 
it  would  flow  freely  until  the  clay  would  become  saturated, 
when  it  would  swell  and  seal  the  cavity  against  further  di- 
rect flow,  although  there  would  still  be  some  water  seeping 
through.  This  swelling  of  the  clay  plugs  would  account  for 
the  fact  that  the  reservoir  losses  are  greater  while  the  water 
is  rising  than  when  it  is  stationery  or  is  falling. 

There  are,  probably,  also  many  openings  in  the  rock  that 
contain  no  clay  filler,  and  would  not  be  expected  to  improve 
with  time  except  by  the  introduction  of  silt  from  other  places. 
The  Salmon  river  flows  through  mountain  canyons  above 
the  reservoir,  and  having  a  steep  gradient,  has  eroded  from 
its  bed  all,  or  nearly  all,  the  fine  material,  and  now  flows 
through  heavy  gravel.  It  therefore  carries  very  little  silt, 
even  in  high  stages.  What  silt  is  carried  settles  in  the  still 
water  in  the  upper  reaches  of  the  reservoir,  and  does  not 
reach  the  canyon  in  the  vicinity  of  the  dam. 

The  seepage  loss  in  a  reservoir  is  a  function  of  both  the 
condition  of  its  sides  and  bottom,  and  of  its  wetted  area. 
The  wetted  area  in  the  Salmon  reservoir  bears  a  more  con- 
stant relation  to  its  depth  than  to  any  other  dimension;  so  I 
have  studied  the  question  of  losses  as  related  to  the  depth 
of  water  in  the  reservoir  at  the  time  such  losses  were  occur- 
ring. I  can  not  see  that  an  expression  of  the  loss  for  the 
different  years  in  terms  of  the  per  centage  of  the  river  flow 
would  afford  any  reasonable  basis  for  comparison,  although 
for  final  calculation  it  must  be  so  expressed.  A  leaky  bar- 
rel could  be  kept  full  by  having  a  stream  of  water  flowing 
into  it,  and  wasting  out.  This  stream  could  be  increased 
or  decreased,  but  it  could  have  no  effect  upon  the  amount  of 


34  Report  of  Commission 

water  escaping  through  cracks  in  the  sides  of  the  barrel.  For 
this  reason  I  have  departed  from  the  method  which  has  been 
used  in  this  reservoir,  and  have  determined  its  losses  for  the 
different  years  it  has  been  in  operation  until  November  28, 
1914,  and  have  expressed  such  losses  in  terms  o'f  acre-feet 
loss  per  week  for  different  depths  of  water.  These  losses 
when  platted  show : 

A  marked  and  constant  improvement  from  1911  to  and 
including  1913. 

Less  loss  for  the  same  elevation  of  water  when  the  reser- 
voir was  being  emptied  than  while  filling.  As  the  evapora- 
tion would  be  the  greatest  while  the  reservoir  was  being  emp- 
tied, this  shows  a  greater  improvement  than  the  weekly  losses 
would  indicate. 

An  improvement  in  1913  over  1912,  but  identical  losses  for 
the  same  elevation,  either  when  filling  or  emptying,  in  1913 
and  1914.  This  indicates  that  the  maximum  of  improvement 
was  reached  in  1913. 

To  determine  losses  in  terms  of  per  centage  of  the  inflow, 
I  assumed  an  empty  reservoir  at  the  end  of  the  irrigation  sea- 
son, and  assumed  the  water  to  flow  in,  and  to  be  drawn,  at 
the  same  rate  as  in  1914.  By  calculating  the  elevations,  I 
could  apply  the  weekly  losses,  and  the  total  of  the  weekly  loss 
was  24.7  per  cent  of  the  total  inflow. 

The  quantity  available  at  the  reservoir  gate  would  then  be 
75.3  per  cent  of  120,200  acre-feet/or  90,150  acre- feet.  From 
this  is  to  be  deducted  the  quantity  required  for  domestic 
use,  or  3,000  acre-feet,  leaving  87,150  acre-feet  for  irriga- 
tion. 

The  question  of  canal  losses  is  one  a  little  more  difficult  to 
estimate  closely,  for  there  is  no  way  of  knowing  at  this  time 
the  land  that  will  be  served,  nor  the  quantity  to  flow  in  each 
lateral.  Using  the  quantities  in  1914,  which  should  not  lead 
us  into  serious  error,  and  applying  to  those  quantities  the 
losses  as  found  on  various  sections  of  the  canal  by  measure- 
ments made  at  various  times,  the  losses  are  found  to  be  20 
per  cent  of  the  amount  delivered  to  the  main  canal. 

A  short  distance  below  the  dam  is  a  natural  basin  used 
as  a  check  basin,  covering  70  acres.  In  1911  a  serious  cave 
occurred  in  the  bottom  of  this  basin,  occasioned  by  a  portion 
of  the  bottom  dropping  into  a  crack  in  the  basaltic  bedrock. 


Report  of  Commission  35 

This  crack  was  five  feet  wide  and  of  unknown  depth  and 
length.  The  area  containing  the  cave  was  coffer  dammed 
from  the  balance  of  the  basin,  and  no  further  trouble  of 
this  nature  has  been  experienced.  There  are,  however,  indi- 
cations on  the  basin  bottom  of  many  seepage  areas,  and  while 
measurements  of  losses  in  the  basin  as  a  whole  are  not  any 
greater  than  in  an  ordinary  canal  having  the  same  wetted  sur- 
face, the  fact  that  the  basin  has  as  great  a  wetted  area  as 
seven  miles  of  main  canal  makes  it  advisable  to  construct  a 
canal  around  the  basin.  There  is,  however,  some  difference 
of  opinion  as  to  who  is  to  pay  the  cost  of  this  new  canal.  Un- 
til that  new  canal  is  constructed,  it  is  necessary  to  take  into 
consideration  the  losses  in  the  basin.  These  aggregate,  in 
120  days,  8,400  acre-feet. 

Acre-feet 

Available  at  reservoir  gate 87,150 

Canal  losses,  20  per  cent 17,430 

Check  basin  loss 8,400 

—  25,830 

Available  for  delivery  to  farmers 61,320 

This  quantity  divided  by  2.75,  the  contract  duty  as  deter- 
mined by  U.  S.  District  Judge  Dietrich,  gives  22,300  acres. 
To  this  might  be  added  10  per  cent  to  represent  the  portion 
occupied  by  roads,  yards,  etc.,  making  the  area  24,530  acres. 

Under  a  strict  interpretation  of  Judge  Dietrich's  decision, 
this  would  be  the  area  of  land  for  which  the  company  can  be 
said  to  have  furnished  a  supply  of  2.75  acre-feet  per  acre. 
The  total  area  that  can  be  reclaimed  will  be  slightly  in  ex- 
cess of  this.  There  are  certain  gains  that  can  not  be  estimated 
at  present  with  any  degree  of  certainty.  These  include  re- 
turn water  from  various  laterals,  chief  of  which  is  from  the 
"A"  system.  The  land  that  could  be  irrigated  from  this 
water  would  probably  not  exceed  1,000  acres.  The  total  area, 
therefore,  that  could  be  irrigated  on  this  tract  would  not  ex- 
ceed 26,000  acres. 

Respectfully  submitted, 

(Signed)     A.  E.  ROBINSON, 

Engineer. 


36  Report  of  Commission 

From  the  best  data  and  information  available,  including  the 
report  of  Mr.  Robinson,  the  Commission  is  firmly  of  the 
opinion  that  the  acreage  on  the  Salmon  River  project  should 
be  materially  reduced. 

On  June  29,  1915,  a  decision  was  rendered  in  the  United 
States  district  court  of  Idaho  by  the  Hon.  F.  S.  Dietrich, 
wherein  he  held  in  the  case  of  A.  E.  Caldwell,  et  al,  v.  The 
Twin  Falls  Salmon  River  Land  and  Water  Company,  et  al, 
that  the  company  and  its  successors,  must,  according  to  the 
terms  of  its  contract  with  the  State  and  the  settlers,  deliver 
to  each  and  every  settler  and  entryman,  the  full  quantity  of 
water  contracted  for  according  to  the  terms  of  those  con- 
tracts. The  said  contracts  call  for  the  delivery  of  2.75  acre- 
feet  per  acre  and  estopped  the  said  Twin  Falls  Salmon  River 
Land  and  Water  Company,  and  its  successors,  from  collect- 
ing any  additional  money  or  moneys  until  it  had  substan- 
tially complied  with  the  provisions  of  the  contract  with  ref- 
erence to  the  delivering  of  the  contract  quantity  of  water. 
The  Commission,  in  reaching  its  conclusions,  has  taken  into 
consideration  the  findings  of  this  court,  which  leave  no  al- 
ternative to  the  construction  company,  and  its  successors,  but 
to  deliver  the  contract  quantity  of  water,  if  it  expects  to  col- 
lect the  unpaid  installments  on  the  settlers'  contracts.  Ac- 
cording to  Mr.  Robinson's  report  the  total  area  of  land  that 
can  be  irrigated  is  25,530  acres.  The  Commission  therefore 
recommends  that  some  means  be  taken  by  the  State  Land 
Board,  or  by  the  construction  company,  and  its  successors,  to 
reduce  the  acreage  of  the  project  to  an  amount  not  exceeding 
26,000  acres.  The  total  number  of  acres  for  which  the  com- 
pany is  obligated  to  furnish  water  is  73,348.06  acres,  and 
numerous  difficulties  may  arise  in  effecting  a  reduction  to 
26,000  acres.  Perhaps  the  best  and  the  most  feasible  plan 
would  be  for  the  construction  company,  and  its  successors,  to 
get  together  with  the  settlers  on  the  tract  and  thus  seek  to 
make  some  amicable  adjustment  of  the  perplexing  problems 


Report  of  Commission  37 

that  now  keep  the  settlers  and  the  construction  company  con- 
tinually involved  in  legal  turmoil. 

Various  methods  of  adjustment  have  been  proposed,  but 
most  of  them  do  not  appear  practicable  to  the  Commission. 
It  would  seem  that,  when  the  interests  of  both  parties  are 
considered,  a  solution  of  the  difficulties  would  not  be  diffi- 
cult. Any  adjustment  of  this  sort  is  dependent  largely  upon 
the  company,  although  the  settlers  and  entrymen  must  show 
their  willingness  to  accede  thereto. 

In  case  the  settlers  and  entrymen  and  the  construction  com- 
pany, and  its  successors,  could  not  get  together  and  make 
an  amicable  settlement,  the  Commission  would  recommend 
that  an  arbitration  board  consisting  of  three  members  be  se- 
lected for  the  purpose  of  adjustment.  Of  these  members  one 
is  to  be  selected  by  the  construction  company  and  its  suc- 
cessors, one  by  the  settlers'  association,  and  the  third  to  con- 
sist of  the  State  Engineer.  Before  any  arbitration  proceed- 
ings are  undertaken  the  points  to  be  decided  should  be  clearly 
defined,  since  several  of  the  issues  previously  suggested  have 
been  removed  by  the  recent  decisions  by  Judge  Dietrich.  The 
real  questions  at  issue  would,  therefore,  naturally  revolve 
around  the  reduction  of  acreage  of  the  tract,  the  elimination 
of  the  parts  to  be  cut  off,  and  the  abandonment  of  the  un- 
necessary canals. 

The  water  contract  issued  to  the  settlers  on  the  Salmon 
River  tract  has  been  construed  by  a  court  of  competent  juris- 
diction. Evidence  has  been  offered  as  to  the  amount  of  water 
available  for  distribution  in  an  ordinary  year.  The  settler 
has  been  determined  to  be  entitled  to  receive  two  and  three- 
fourths  acre-feet  of  water  under  the  contract.  It  is  a  mat- 
ter of  computation,  solely,  as  to  how  much  land  can  be  irri- 
gated upon  this  project,  taking  the  run-off  as  one  factor,  the 
transmission  and  reservoir  losses  as  another,  and  then  giving 
the  settler  two  and  three-fourths  acre-feet. 

The  Land  Board  should  pass  an  order  requiring  the  Salmon 


38  Report  of  Commission 

River  Company  to  reduce  the  area  in  the  segregation  to  the 
acreage  which  can  be  irrigated  as  determined  by  the  forego- 
ing computation,  which  the  Commission  agrees  should  not 
be  in  excess  of  26,000  acres. 

The  order  should  further  provide  that,  unless  such  segrega- 
tion is  so  reduced  on  or  before  the  first  day  of  December, 
1915,  the  Attorney  General  shall  be  instructed  to  bring  an 
action  before  the  proper  tribunal  to  cancel  the  contract  be- 
tween the  State  of  Idaho  and  the  Twin  Falls  Salmon  River 
Land  and  Water  Company  upon  the  ground  that  the  com- 
pany has  failed  to  keep  and  perform  the  terms  and  conditions 
of  its  contract;  for  the  further  reason  that  the  continued  fail- 
ure of  the  company  to  keep  and  perform  its  contract  will  work 
a  great  and  irreparable  damage  upon  all  of  the  settlers  upon 
the  project.  There  being  insufficient  water  to  supply  those 
who  are  upon  the  land  included  within  the  segregation  in  an 
amount  of  water  necessary  to  profitably  grow  crops  thereon, 
and  the  construction  company  being  insolvent  and  the  settler 
having  no  remedy,  and  being  unable  to  secure  the  water  con- 
tracted to  be  delivered,  the  action  on  the  part  of  the  State 
here  suggested  becomes  imperative. 

In  the  event  that  this  solution  is  brought  about  either  by 
arbitration  or  order  of  the  Land  Board,  we  respectfully  urge 
that  our  representatives  in  Congress  be  urged  to  labor  for 
such  Federal  legislation  as  will  give  the  settlers  on  the  land 
lying  beyond  the  segregated  area,  that  is  to  say,  those  cut 
out,  patents  to  their  respective  entries.  Such  a  general  law 
would  bring  relief  to  the  settlers  on  all  the  several  Carey  Act 
projects  of  the  State  wherein  insufficient  water  occurs.  The 
settler  and  entryman  who  has  spent  the  best  years  of  his  life 
together  with  a  lifetime's  savings,  is  morally  entitled  and 
should  legally  be  entitled  to  patents  to  their  farms,  even 
though  they  cannot  get  water  for  them. 

From  a  personal  investigation  made  by  Mr.  J.  A.  Waters 
at  the  direction  of  the  Commission,  for  the  purpose  of  inves- 


Report  of  Commission  39 

tigating  the  actual  crop  conditions,  during  and  at  the  close 
of  the  season,  the  result  of  nine  inches  of  water  instead  of 
two  and  three-fourths  feet  for  irrigating  in  1915  were  noted. 
The  result  was  poor  crops,  many  receiving  one-half  a  bushel 
of  clover  seed  per  acre,  while  on  similar  soil  in  the  South 
Side  Twin  Falls  tract  there  were  yields  of  from  six  to  six- 
teen bushels  per  acre.  Wheat  yielded  10  to  12  bushels,  as 
compared  with  50  to  75,  and  other  crops  in  relative  propor- 
tion. Pastures  were  entirely  burnt  up  early  in  August,  and 
orchards  suffering  severely.  With  no  water  to  raise  crops,  or 
crops  to  sell  to  pay  obligations,  we  find  them  upon  this  tract 
without  crops,  without  money,  without  credit,  and  property 
which  could  not  be  security  to  get  any  relief.  Many  of  them 
are  leaving  to  avoid  destitution,  and  the  condition  that  is 
sure  to  follow  if  relief  does  not  soon  come.  Without  a  re- 
duction of  the  acreage,  as  suggested  above,  and  the  elimi- 
nation of  waste,  which  will  be  secured  by  a  concentration 
of  the  project,  the  Commission  believes  the  entire  system 
will  continue  to  be  a  failure,  the  bondholders  will  face  a 
practical  total  loss,  the  settlers  will  be  ruined,  and  the  State 
will  lose  a  valuable  asset  to  its  resources  in  citizenship  and 
taxable  wealth. 


SUPPLEMENTAL  REPORT  ON  THE  TWIN 

FALLS  SALMON  RIVER  PROJECT 

By  ERNEST  ANDERSON 


Agreeing  with  the  findings  of  the  Idaho  Irrigation  and 
Drainage  Code  Commission,  and  concurring  in  the  recom- 
mendations as  made  by  you  in  its  report  on  the  Twin  Falls 
Salmon  River  Land  and  Water  Company's  project,  I  find  it 
necessary,  however,  to  submit  a  further  plan  for  the  solu- 
tion of  the  problems  of  the  project,  which,  if  followed,  will, 
in  my  opinion,  prove  to  be  a  practical  and  satisfactory  method 
of  adjusting  the  differences  now  existing  between  the  bond- 
holders and  the  entrymen. 

As  one  of  its  suggestions  for  the  solution  of  the  problems 
on  the  project,  the  Commission  recommended  that  a  board 
of  arbitration  be  selected  to  adjust  the  differences  now  ex- 
isting between  the  bondholders,  who  are  the  present  owners 
and  assignees  of  the  system,  and  the  entrymen.  Such  3. 
board  of  arbitration  to  consist  of  three  members,  one  of  whom 
to  be  selected  by  the  bondholders,  one  by  the  entrymen;  the 
third  member  to  be  the  State  Engineer.  The  recommenda- 
tions hereby  suggested  ought  to  receive  careful  consideration 
by  such  a  board,  if  selected. 

If  such  a  plan  be  adopted,  and  it  is  urgently  advised,  the 
sooner  such  a  board  is  agreed  upon,  the  sooner  can  solution 
be  looked  for,  and  the  acreage  reduction  accomplished,  and 
the  better  it  will  be  for  all  concerned. 

At  present,  the  bondholders  and  entrymen  are  engaged  in 
a  deadly  legal  battle,  which,  if  carried  to  the  highest  court,  will 
probably  mean  years  of  delay  and  the  consequent  uncertainty 
will  stifle  development  of  the  project.  Such  a  condition, 
neither  the  bondholder  nor  the  entryman  can  long  tolerate 


Report  of  Commission  41 

without  irretrievable  losses  to  each,  and  which  in  the  end  will 
leave  them  both  in  an  impoverished  condition. 

On  the  29th  day  of  June,  1915,  Judge  Dietrich  of  the 
United  States  district  court,  in  the  case  of  A.  E.  Caldwell,  et 
al,  vs.  Twin  Falls  Salmon  River  Land  and  Water  Company, 
et  al,  rendered  a  decision  in  which  he  held,  in  substance,  that 
the  defendants  should  be  estopped  from  collecting  further 
installments  on  the  plaintiff's  (settlers)  contracts  until  they 
would  deliver,  or  demonstrate  themselves  able  to  deliver,  the 
contract  quantity  of  water,  which  is  2.75  acre-feet  per  acre. 

This  case  has  been  appealed,  or  is  about  to  be  appealed,  to 
the  circuit  court  of  appeals,  and  the  bondholders,  as  well  as 
the  entrymen,  are  each,  apparently,  staking  their  all  on  the 
final  outcome  of  this  action.  The  decision  of  the  appellate 
court,  no  matter  what  it  be,  will  mean  a  further  appeal  to 
the  supreme  court  of  the  United  States,  all  of  which  means 
delay,and  which  will  prove  most  costly  to  the  litigants,  and 
that  without  accomplishing  anything  substantial  for  the  re- 
lief of  either  party. 

After  a  careful  investigation,  based  upon  all  available 
data,  the  Commission  concluded  that  the  greatest  acreage  for 
which  water  could  be  supplied  at  a  duty  of  2.75  acre-feet, 
which  is  the  amount  called  for  by  the  entryman's  contract, 
and  is  the  amount  that  the  Federal  court,  in  the  case,  supra, 
held  that  the  company  must  deliver,  would  be  approxi- 
mately 26,000  acres.  The  Commission  contend,  and  right- 
fully so,  that  at  a  duty  of  2,75  acre-feet  there  would  be  suf- 
ficient water  to  irrigate  26,000  acres,  but  no  more. 

The  present  acreage  for  which  water  rights  have  been  sold 
is  about  73,000  acres.  If  this  acreage  were  reduced  to  26,- 
000  acres,  it  might  subject  the  bondholders  to  such  excessive 
losses  in  buying  up  the  excess  water  rights,  that  is,  to  re- 
fund to  the  entrymen  the  amounts  paid  on  the  contracts, 
which  would  be  excluded  if  the  project  was  thus  reduced, 
and  in  addition,  it  might  subject  the  bondholders  to  such 


42  Report  of  Commission 

excessive  claims  for  damages  that  they  would  be  unable  to 
retain  any  of  the  installments  accruing  from  the  water 
rights  on  the  26,000  acres,  all  owing  to  excessive  refund  and 
damage  claims. 

I  would,  therefore,  respectfully  suggest  that  the  following 
plan  of  solving  the  difficulties  on  the  project  receive  your 
careful  consideration,  and  that  you  take  such  action  as  will 
seem  most  expedient  in  bringing  the  same  to  the  attention 
of  the  bondholders  and  entrymen. 

First :  That  the  project  be  reduced  to  39,000  acres,  on  the 
condition  that  the  subsequent  suggestions  are  followed : 

Second :  As  a  condition  to  a  reduction  to  39,000  acres,  the 
settlers  anjd  entrymen  agree  to  such  a  modification  of  their 
contract  as  to  accept  one-third  less  amount  of  water  per  acre, 
which,  in  substance  would  mean  a  reduction  from  2.75  to  1.63 
acre-feet. 

Third :  That  water  rights  be  proportionately  reduced  in 
price. 

If  these  suggestions  are  adopted,  it  would  leave  the  area  of 
the  project  13,000  acres  greater  than  proposed  in  the  Com- 
mission's report,  which  in  turn  ought  to  mean  a  proportionate 
reduction  in  the  maintenance  cost  per  acre  per  annum,  when 
the  system  shall  be  finally  turned  over  to  the  entrymen  for 
operation;  it  being  an  acknowledged  rule  that  the  larger  the 
area,  the  less  the  per  acre  maintenance  cost  should  be. 

And  further,  if  the  suggestions  hereby  made  be  adopted, 
it  would  encourage  and  make  water  do  its  highest  duty,  and 
that,  at  no  greater  cost  to  the  entrymen.  Some  of  the  settlers 
would  succeed  in  making  1.63  acre-feet  be  ample  for  their 
needs,  and  they  would  be  able  to  irrigate  their  entire  entry. 
On  the  other  hand,  he  who  could  not  irrigate  more  than  two- 
thirds  of  his  entry  would  have  no  cause  for  complaint,  in  that 
in  reality  he  would  be  paying  for  only  two-thirds  of  a  water 
right  of  2.75  acre-feet  for  this  entry.  As  a  matter  of  fact,  the 


Report  of  Commission  43 

entry  man,  under  a  reconstructed  contract  as  proposed,  would 
be  getting  just  what  Judge  Dietrich  held  him  entitled  to 
under  the  present  contract,  and  would  simply  require  him 
to  raise  the  duty  of  water  at  a  proportionate  reduction  in 
price  of  his  water  right. 

Such  a  plan,  if  adopted,  would  be  pre-eminently  fair  to 
both  bondholder  and  entryman.  The  bondholder  would  thus 
get  a  greater  return  on  his  original  investment,  and  the  en- 
tryman would  relinquish  no  rights  and  suffer  no  loss.  The 
mutual  working  out  of  the  suggestions  above  made  would, 
in  my  opinion,  prove  beneficial  to  all  concerned  and  would 
largely  solve  the  problems  of  the  Salmon  River  project. 

Respectfully  submitted, 

ERNEST  ANDERSON. 


REPORT  ON  THE  KING  HILL  AND 
KING  HILL  EXTENSION  PROJECT 


Four  members  of  the  Idaho  Irrigation  Code  Commission, 
Messrs.  Anderson,  Waters,  Elliott,  and  Carter,  made  a  thor- 
ough examination  of  all  of  the  aspects  of  the  King  Hill  and 
King  Hill  Extension  projects.  This  examination  included  a 
walk  over  five  miles  of  the  flume  and  ditch  line  which  has 
caused  the  greatest  amount  of  trouble,  a  drive  over  the 
greater  part  of  the  canal  system,  an  exhaustive  trip  over  the 
land,  numerous  interviews  with  the  settlers,  and  a  public 
meeting  with  the  water  users.  Since  the  inspection  the  Com- 
mission has  held  several  conferences  and  through  correspond- 
ence has  gained  additional  information. 

The  term  "project"  as  used  herein  includes  both  the  King 
Hill  and  King  Hill  Extension. 

The  Commission  began  its  inspection  where  the  flume 
crosses  the  Snake  river  out  of  the  Malad  river.  They  walked 
across  this  flume  and  saw  the  canal  for  a  distance  of  five 
miles,  giving  careful  attention  to  the  defects  in  the  canal 
system.  One  of  the  most  striking  features  is  the  fact  that 
the  location  of  the  ditch  necessitated  by  the  grade  makes  it 
extremely  difficult  to  construct  an  effective  and  satisfactory 
canal  system  without  a  large  expenditure  of  money.  For  a 
long  distance  the  canal  runs  along  steep  hillsides,  which 
causes  frequent  breaks.  A  proper  reconstruction  of  the  system 
would  no  doubt  require  a  large  amount  of  concrete  work. 
There  are  many  miles  of  flume  set  along  steep  hillsides,  which 
is  not  only  now  causing  much  trouble,  but  within  two  or  three 
years  will  be  practically  worthless. 

The  trip  over  the  system  was  made  in  company  with  Mr. 
B.  P.  Shawhan,  manager  of  the  project.  The  Commission 


Report  of  Commission  45 

was  especially  impressed  with  the  unusually  fertile  quality  of 
the  soil  and  the  splendid  climatic  conditions  for  the  growth 
of  fruit,  grains  and  vegetables.  It  is  apparent  that  this  sec- 
tion is  admirably  adapted  to  the  growth  of  early  fruits  and 
vegetables  which  can  be  put  upon  the  market  from  one  to 
three  weeks  earlier  than  any  other  part  of  southern  Idaho, 
and  thus  compete  with  subtropical  sections.  This  section  also 
has  the  further  advantage  of  being  close  to  the  markets  thai: 
demand  large  quantities  of  such  early  products. 

The  greater  number  of  the  settlers  have  already  aban- 
doned the  project,  awaiting  the  time  when  the  conditions 
would  be  more  stable  and  when  they  would  have  practical 
assurance  that  water  would  be  furnished  to  them.  It  is  ap- 
parent that  if  the  breaks  in  the  canal  system  continue,  which 
they  will  surely  do,  so  long  as  numerous  and  expensive  im- 
provements are  not  made,  the  settlers  cannot  feel  safe  in 
planting  crops. 

It  was  apparent  that  the  few  remaining  settlers  are  ex- 
tremely discouraged.  They  have  lessened  their  efforts  and 
are  making  little  or  no  improvements  upon  their  tracts.  The 
whole  project  is  not  only  not  advancing,  but  the  canal  sys- 
tem is  going  down  and  will  become  a  total  wreck  within  a 
few  years  if  steps  are  not  taken  at  once  to  complete  it.  The 
Commission  is  unanimous  in  the  opinion  that  something 
should  be  done  to  rebuild  the  project  at  once  and  respectfully 
submits  these  five  plans  for  your  consideration : 

i.     FEDERAL  AID. 

The  settlers  are  unanimous  in  the  opinion  that  the  greatest 
good  would  come  to  them  through  Federal  control  of  the 
project.  In  this  connection  the  Commission  would  propose 
that  the  State  deed  its  equity  in  the  project,  without  compen- 
sation, to  the  United  States  Government,  provided  the  Gov- 
ernment would  build  a  satisfactory  system  and  apportion  the 
cost  among  the  settlers,  as  is  now  being  done  in  other  Gov- 
ernment projects,  allowing  long  time  in  which  to  pay  the  cost 


46  Report  of  Commission 

of  construction  and  allowing  credit  to  settlers  for  payments 
heretofore  made.  The  Commission  believes  that  this  plan 
presents  the  best  solution  of  the  problem,  provided  the  United 
States  Government  could  be  induced  to  take  it  up.  But  con- 
siderable correspondence  has  passed  between  Mr.  Shawhan 
and  the  United  States  Reclamation  Office  indicating  that  the 
Government  does  not  look  kindly  upon  the  proposition  and 
would  probably  reject  the  plan.  Instead  thereof  the  Secre- 
tary of  the  Interior  has  made  a  tentative  proposition  of 
joint  State  and  Federal  aid  and  this  would  be  the  second 
alternative  plan  that  the  Commission  would  recommend. 

II.      JOINT    STATS    AND    FEDERAL    AID. 

This  plan  would  divide  the  burden  equally  between  the 
State  and  Federal  Governments.  It  would  involve  the  ex- 
penditure of  a  large  sum  of  money,  and  while  the  Commis- 
sion is  strongly  opposed  to  establishing  a  precedent  of  State 
aid  to  lame  irrigation  projects,  yet,  in  view  of  the  fact  that 
the  State  has  already  taken  over  the  project,  and  has  thereby 
held  out  hopes  to  the  settlers  that  it  would  see  that  it  was 
completed,  and  because  of  the  great  benefit  accruing  to  the 
State  by  proper  colonization  of  the  section,  we  would  re- 
spectfully represent  that  in  case  Federal  aid  cannot  be  se- 
cured otherwise,  the  State  work  in  conjunction  with  the  Fed- 
eral Government. 

III.       COMPLETION   OF  THE  PROJECT  BY  PRIVATE  PARTY 
OR    CORPORATION. 

If  some  person,  or  a  corporation,  could  be  induced  to  take 
over  the  project  and  complete  the  same  under  the  proper 
terms,  the  Commission  would  recommend  that  the  State  deed 
whatever  equity  it  has  in  the  project  to  such  company  and 
complete  it  along  lines  similar  to  those  proposed  in  other 
projects. 

If  such  a  plan  should  be  adopted,  the  Commission  would 
suggest  that  the  present  settlers  be  allowed  credit  for  all  pre- 


Report  of  Commission  47 

viotis  payments;  that  they  be  given  a  long  time  for  the  pay- 
ment of  their  obligations,  and  that  they  be  not  compelled  to 
make  any  more  payments  until  the  water  is  on  the  land. 

We  would  also  suggest  that  the  settlers  be  not  required  to 
pay  any  part  of  the  principal  for  the  first  five  years  and  be 
allowed  at  least  fifteen  years  in  which  to  complete  their  pay- 
ments. 

IV.       FORMATION  OF  IRRIGATION  DISTRICT. 

In  case  neither  of  the  above  plans  can  be  carried  out  the 
Commission  would  respectfully  recommend  that  the  State 
take  steps  to  secure  patent  to  all  the  lands  within  the  segre- 
gation and  deed  all  of  its  equity  in  the  project  to  the  settlers 
and  allow  them  to  form  themselves  into  an  irrigation  dis- 
trict and  bond  for  the  purpose  of  the  completion  of  the  work. 
While  the  settlers  strenuously  object  to  this  plan,  we  believe 
that  no  valid  reason  can  be  found  why  they  should  not  be 
willing  to  accept  it,  provided  the  bonds  could  be  sold  at  or 
near  their  par  value.  The  chief  reason  given  was  that  they 
would  be  compelled  to  pay  interest  upon  their  bonds,  an  ob- 
jection which  the  Commission  does  not  deem  valid.  Such  a 
plan  would  develop  a  spirit  of  co-operation  and  self-help, 
and  foster  a  spirit  of  independence. 

V.       STATK  AID. 

In  case  neither  of  the  previous  named  plans  can  be  suc- 
cessfully worked  out  and  no  other  feasible  plan  can  be 
evolved,  as  a  last  and  final  proposition,  the  Commission  would 
recommend  that  the  State  of  Idaho  take  up  the  project  and 
expend  sufficient  money  to  complete  the  system  and  turn  it 
over  to  the  settlers  at  the  actual  cost  of  construction  and 
previous  expenditures  with  interest. 

The  cost  of  completion  of  the  project  was  estimated  by 
former  State  Engineer  King  at  $400,000.00.  A  cruise  by 
the  land  owners  three  years  ago  showed  11,250  acres  on  the 
upper  system;  there  is  between  eight  and  nine  hundred  acres 


48  Report  of  Commission 

on  the  King  Hill  side  and  about  5,000  acres  on  the  Extension, 
making  a  total  of  about  17,000  acres  under  the  project.  The 
Commission  believes  this  land  with  water  upon  it  is  worth 
not  less  than  $60.00  an  acre.  If  the  whole  project  were  set- 
tled upon  this  basis  it  would  bring  a  return  of  $1,020,000.00. 
The  State  had  expended  January  1,  1915,  the  sum  of 
$55,000.00  in  the  project  and  until  this  date  during  the  year 
1915  the  net  sum  of  $12,004.60,  or  a  total  of  $67,004.60. 

The  settlers  have  paid  up  about  $225,000.00  on  their  con- 
tracts. Adding  to  this  the  $67,004.60  spent  by  the  State, 
we  get  a  total  of  $292,000.00.  Deducting  this  sum  from 
$1,020,000.00,  the  probable  returns  on  a  basis  of  $60.00  an 
acre,  would  leave  a  balance  of  about  $728,000.00.  So  if 
State  Engineer  King's  estimate  should  be  found  to  be  ap- 
proximately correct  there  would  be  a  safe  margin  remaining. 

The  Commission  wish  to  be  expressly  understood  as  be- 
ing unalterably  opposed  to  the  principle  of  State  aid,  but  in 
view  of  the  facts  stated  in  plan  No.  2  we  would  favor  this 
as  a  last  resort. 

The  present  settlers  have  acted  in  gotod  faith,  but  are  nat- 
urally very  much  discouraged.  The  Commission  believes, 
however,  that  they  have  expected  too  much  from  the  State 
and  have  not  considered  the  difficulties  lying  in  the  way  of 
State  aid.  They  have  objected  to  the  maintenance  fee  of 
sixty  cents  an  acre,  which  the  Commission  believes 
too  small  and  would  recommend  tliat  this  maintenance  fee  be 
raised  to  at  least  one  dollar  per  acre. 

In  conclusion  the  Commission  wishes  to  reiterate  its  faith 
in  the  King  Hill  district  and  is  strong  in  the  desire  that  some 
feasible  plan  may  be  found  of  bringing  it  to  a  successful  con- 
clusion. The  State  cannot  afford  to  allow  this  fertile  and 
partially  developed  area  to  revert  to  the  wilderness,  and  it 
would  be  guilty  of  a  political  and  economic  crime  should  it 
neglect  to  continue  its  efforts  to  bring  the  project  to  com- 
pletion in  some  way. 


REPORT  ON  THE  IDAHO  IRRIGATION 
COMPANY'S  PROJECT 


The  Commission  delegated  the  task  of  investigating  the 
Idaho  Irrigation  project  to  Mr.  J.  A.  Waters  of  Twin  Falls, 
whose  knowledge  of  the  project  and  acquaintance  with  the 
settlers  made  him  especially  able  to  do  this.  He  attended  a 
meeting  of  the  directors  of  the  Water  Users'  Association 
on  the  25th  of  September  and  afterward  made  a  personal 
inspection  of  the  entire  system,  visiting  the  dam,  conversing 
with  settlers  at  their  homes,  holding  meetings  and  confer- 
ring with  the  agents  of  the  irrigation  company. 

The  following  report  is  hereby  made  from  the  data  se- 
cured on  this  occasion. 

The  Idaho  Irrigation  project  Avas  designed  to  irrigate  a 
tract  of  150,153  acres  located  in  Elaine,  Lincoln  and  Good- 
ing  counties,  Idaho,  and  in  order  to  accomplish  that  purpose 
it  was  proposed  to  utilize  the  flow  of  the  Big  and  Little 
Wood  rivers,  and  to  supplement  that  flow  by  the  construc- 
tion of  the  Magic  reservoir,  in  Elaine  county,  Idaho.  This 
reservoir  has  a  claimed  capacity  of  190,000  acre-feet,  but 
during  the  past  six  years  there  have  been  at  least  two  years 
when  the  reservoir  did  not  fill.  It  is  fair  to  assume,  how- 
ever, that  the  reservoir  is  not  large  enough  to  take  care  of 
all  the  flood  waters,  and  that  an  increase  in  the  height  of  the 
dam  would  probably  prove  a  safeguard  to  insure  a  larger 
supply,  as  the  raising  of  the  water  over  an  area  of  3398  acres, 
the  surface  area  of  the  reservoir,  would  be  of  great  value  and 
thereby  increase  the  storage  capacity. 

We  would  recommend  that  the  dam  be  raised  so  as  to  se- 
cure the  desired  larger  reservoir  capacity,  and  thus,  if  pos- 
sible, store  the  entire  flood  waters  of  the  stream. 


50  Report  of  Commission 

In  the  segregation  of  the  Idaho  Irrigation  Company  there 
are  130,000  acres  of  Carey  Act  land  depending  upon  the  water 
supply  of  the  Big  and  Little  Wood  rivers,  together  with  5153 
acres  of  school  and  State  land,  and  15,000  acres  of  private 
land,  making  a  grand  total  of  150,153  acres. 

From  all  the  reports  available  it  appears  that  the  mean  av- 
erage flow  of  the  Big  Wood  river  during  the  irrigation  sea- 
son is  40,000  acre- feet;  of  the  Little  Wood  river,  measured 
at  Richfield,  40,200  acre-feet;  or  a  total  including  storage,  of 
270,200  acre- feet  available  for  watering  the  entire  tract  of 
the  Idaho  Irrigation  Company. 

On  this  project  the  larger  portion  of  the  soil  is  of  the  vol- 
canic ash,  which  is  ideal  for  irrigation,  but  we  find  that  scat- 
tered throughout  the  tract  are  many  places  of  a  very  sandy 
character,  requiring  much  more  water,  and  there  are  consid- 
erable areas  underlaid  with  loose  lava  rocks,  through  which 
the  water  escapes,  making  it  very  difficult  to  obtain  the  full 
duty  of  the  water. 

The  contract  of  the  Idaho  Irrigation  Company  with  the 
settlers,  as  well  as  the  contract  of  the  said  company  with 
the  State,  provides  for  the  delivery  of  1-80  of  one  cubic  foot 
per  second  of  time  per  acre,  or  a  continuous  flow  of  5-8  of 
a  miner's  inch,  or  50  miners'  inches  for  each  80-acre  tract; 
this,  when  computed,  amounts  to  4.5  acre-feet  for  the  180 
Hay  irrigation  season,  and  while  on  much  of  the  land  it  is 
probable  that  the  application  of  2.5  acre-feet  would  be  suf- 
ficient to  produce  crops,  most  of  the  land  requires  the  appli- 
cation of  more,  and  the  sandiest  portion  of  the  segregation 
requires  the  entire  contract  amount. 

We  are  informed  that  the  manager  of  the  project,  Mr.  M. 
R.  Kays,  admits  that  there  is  a  40  per  cent  loss  of  water  in 
distribution,  storage  and  transmission,  leaving  but  60  per 
cent  of  available  water  to  be  applied  to  the  land  for  irriga- 
tion. These  conclusions  would  seem  to  be  well  founded, 
taking  into  consideration  the  fact  that  there  are  100  miles  of 


Report  of  Commission  51 

main  canals,  300  miles  of  laterals,  and  that  the  distribution 
from  the  dam  to  the  southern-most  point  of  delivery  is  40 
miles,  and  that  the  water  traverses  this  distance  in  open  ca- 
nals, built  in  a  soil  most  of  which  is  of  a  sandy  or  rocky 
nature  and  which  would  naturally  make  seepage  and  evap- 
oration losses  very  heavy.  Thus,  it  will  be  seen  that  the  maxi- 
mum amount  of  run-off  and  storage  water  available  for  the 
irrigation  of  the  tract,  as  above  mentioned  and  specified,  is 
approximately  162,100  acre-feet,  from  which  it  is  apparent 
that  the  company  has  a  water  supply,  figured  on  a  basis  of 
5-8  inches,  or  4.5  acre-feet,  sufficient  to  furnish  water  in 
contract  quantities  for  probably  36,022  acres. 

If,  on  the  other  hand,  an  allowance  of  three  acre-feet  is 
made,  with  no  deduction  for  transmission,  storage  loss,  or 
distribution  loss,  a  condition  that  hardly  seems  probable,  an 
area  of  approximately  90,000  acres  could  be  irrigated. 

The  Commission  was  informed  by  officials  of  the  Idaho  Ir- 
rigation Company  that  it  had  already  disposed  of  90,000 
acres  of  land  and  is  actively  engaged  in  pushing  further  sales. 

Since  the  company  is  obligated  to  irrigate  20,153  acres  of 
State  and  private  lands,  the  total  obligation  at  present  would 
be  110,153  acres,  which  is  plainly  in  excess  of  the  acreage 
for  which  the  company  can  supply  water  with  any  degree  o£ 
sufficiency  in  normal  years. 

We  were  informed  by  the  manager  of  the  company  that 
during  the  year  of  1915  the  reservoir  was  filled  only  to  40 
per  cent  of  its  capacity,  or  about  76,000  acre-feet,  and  that 
the  run-off  for  the  year  1915  was  but  30  per  cent  of  normal. 
Thus,  if  the  information  given  us  was  correct,  it  appears 
that  the  amount  of  total  water  available  for  1915  was  100,060 
acre-feet;  a  sufficient  amount  to  irrigate  33,353  acres,  when 
allowing  three  acre-feet  to  the  acre ;  the  minimum  with  which 
the  land  on  the  tract  could  be  successfully  irrigated. 

The  Commission  was  informed  that  during  the  year  1915 


52  Report  of  Commission 

there  were  upon  the  segregation  40,000  acres  in  cultivation 
and  actual  conditions  during  this  year  have  demonstrated 
that  the  76,000  acre-feet  so  stored,  supplemented  by  the  flow 
of  the  Big  and  Little  Wood  rivers,  was  not  sufficient  to  prop- 
erly irrigate  the  40,000  acres,  but  that  on  the  other  hand,  there 
was  a  serious  shortage  of  water  during  the  season  of  1915. 
No  water  was  available  for  the  third  crop  of  alfalfa;  that, 
in  many  instances,  there  was  not  sufficient  water  for  the 
second  crop  of  alfalfa,  resulting  in  a  short  crop.  In  our  opin- 
ion the  water  furnished  for  the  40,000  acres  did  not  exceed 
85  per  cent  of  the  water  that  could  have  been  beneficially 
applied  to  the  irrigation  of  said  tract. 

From  present  data  and  general  observation  made  from  an 
examination  which  consumed  the  better  part  of  a  week,  and 
after  talking  with  many  farmers  and  company  officials,  we 
conclude  that  the  total  amount  of  land  for  which,  under  any 
theory,  the  company  has  a  sufficient  supply  of  water,  will 
be  not  to  exceed  90,000  acres,  and  probably  much  less. 

The  Commission  made  an  examination  of  the  ditches  and 
main  laterals  of  the  Idaho  Irrigation  Company,  and  it  ap- 
pears that  these  are  only  sufficient  to  carry  water  for  the  land 
now  under  cultivation,  and  in  many  instances  they  are  too 
small  to  furnish  water  for  the  settlers  on  the  extreme  end  of 
the  laterals.  In  order  to  successfully  irrigate  the  entire  tract, 
should  more  land  be  put  into  cultivation,  it  will  be  necessary 
to  materially  enlarge  the  carrying  capacity  of  many  of  the 
ditches  and  laterals. 

It  has  been  generally  understood  over  the  State  that  the 
Idaho  Irrigation  Company's  project  was  one  of  the  more  suc- 
cessful. It  is  our  opinion  that  when  this  project  was  initi- 
ated the  system  was  put  in  shape  to  deliver  water  at  a  time 
when  the  boom  in  irrigated  land  subsided,  and  that  the  com- 
pany was,  therefore,  unable  to  sell  any  great  quantity  of 
water  rights;  that  the  works  would  have  been  in  normal 
years  about  sufficient  to  actually  irrigate  in  a  fairly  good 


Report  of  Commission  53 

shape  about  40,000  acres  of  land,  but  that  the  system  as  it 
stands  today  is  grossly  inadequate  to  water  the  entire  pro- 
ject. The  ditches  and  laterals  have  a  carrying  capacity,  as 
demonstrated  by  practical  experience,  of  60  to  70  per  cent  of 
the  required  capacity,  and  the  water  supply  is  probably  ade- 
quate for  not  to  exceed  55  to  60  per  cent  of  the  land  pro- 
posed to  be  irrigated. 

All  data  used  in  the  foregoing  portion  of  this  report  has 
been  furnished  by  the  company,  excepting  such  as  is  stated 
to  have  been  gathered  from  the  settlers  and  State  Engineer's 
office. 

It  is  clear  to  the  Commission,  from  a  study  of  all  the  state- 
ments and  from  a  personal  investigation  of  many  other  mat- 
ters, that  certain  specific  remedies  should  be  applied,  and 
that  quickly,  or  else  much  suffering  and  loss  will  fall  pon 
settlers  on  this  project.  To  that  end  we  would  respectfully 
make  the  following  recommendations : 

First.  Steps  should  immediately  be  taken  by  the  State 
Land  Board  to  prevent  the  sale  of.  any  more  land  by  the 
Idaho  Irrigation  Company,  at  least  until  a  further  investiga- 
tion of  the  storage  capacity  of  the  Magic  dam,  the  adequacy 
of  the  carrying  capacity  of  the  main  canal  and  laterals,  and 
the  total  available  water  supply  can  be  made  by  the  State  En- 
gineer. 

Second.  Certain  improvements  should  be  made  in  the  pres- 
ent system  to  give  adequate  service  to  those  settlers  now  on 
the  tract,  the  lack  of  which  was  the  cause  of  more  or  less  com- 
plaint. These  include  a  possible  increase  in  storage  capacity, 
enlargement  of  carrying  capacity  of  some  laterals,  improved 
methods  of  measurement  .of  water  delivered  to  individual 
settlers,  installation  of  proper  checks  where  makeshifts  are 
now  in  use  and  the  building .  of  banks  on  some  portion  of 
the  highline  canal.  All  of  these  matters  would,  of  course,  be 
looked  into  by  the  State  Engineer  in  making  his  investigation 
as  before  suggested,  and  would  be  reported  upon  in  more  de- 
tail than  can  be  embodied  in  this  brief  report. 


54  Report  of  Commission 

Upon  examining  the  Carey  Act  land  reports,  we  find  that 
the  irrigation  company  claims  a  water  supply  sufficient  for 
130,000  acres  of  Carey  Act  land,  5153  acres  of  State  land, 
and  15,000  acres  of  private  land,  making  a  total  of  150,153 
acres.  As  to  the  area  of  water  shed  from  which  comes  the 
water  for  the  reservoir  there  is  no  estimate  in  the  State  En- 
gineer's office,  and  the  only  one  available  is  one  prepared  by 
the  Idaho  Irrigation  Company. 

From  an  examination  of  the  reports  of  the  Weather  Bu- 
reau, we  find  on  the  east  and  west  slopes  of  the  water  shed  an 
average  of  20.38  inches  precipitation  per  year,  while  the 
company's  estimate  of  the  precipitation  is  24  inches  per  an- 
num. If  we  would  lay  aside  all  the  figures  pertaining  to  the 
estimates  of  the  water  shed,  amounts  of  water  in  the  dam, 
and  the  amount  of  water  available,  and  look  simply  to  this 
year's  results  of  40,000  acres  under  cultivation  without  suffi- 
cient amount  of  water  to  irrigate  that  area,  we  are  led  to 
inquire  what  would  become  of  the  system  should  they  finally 
get  150,000  acres  under  cultivation  and  an  abnormal  year, 
with  a  shortage  as  has  occurred  this  year. 

Third.  We  would  further  recommend  that  the  settlers  be 
required  to  provide  means  for  the  supply  of  water  on  their 
individual  farms,  for  stock  and  domestic  purposes,  and  that 
the  practice  of  delivering  water  through  the  canals  and  lat- 
erals during  the  non-irrigating  season  be  discontinued.  It  has 
been  amply  demonstrated  on  other  projects  that  this  practice 
is  unwise.  The  waste  of  water  is  far  beyond  that  beneficially 
used,  lands  are  more  likely  to  become  water  logged  through 
the  increased  pressure  that  occurs  when  the  ditches  are 
frozen  over,  muskrats  do  great  damage,  and  injury  to  the 
banks  and  headgates,  fields  and  roads  is  excessive  whenever 
leaks  or  breaks  occur  during  the  winter  season. 

If  these  recommendatinos  are  acted  upon  by  the  Land 
Board  and  concurred  in  by  the  settlers  and  the  company,  we 
believe  that  considerable  immediate  relief  will  be  secured  for 


Report  of  Commission  55 

those  interested  in  the  project  and  the  serious  results  noted 
on  certain  other  systems  will  be  avoided.  Even  though  these 
suggestions  for  increasing  and  conserving  the  water  supply 
are  all  carried  out,  we  question  the  ability  of  the  company 
to  take  care  of  the  lands  already  sold  and  those  belonging 
to  the  State  and  in  private  ownership,  which  amount  practic- 
ally to  a  total  of  110,153  acres,  and  we  can  see  no  reason 
which  would  justify  the  Land  Board  in  permitting  the  fur- 
ther disposition  by  the  company  of  any  additional  part  of 
the  segregation.  A  conservative  course  at  this  time  will  re- 
move cause  for  criticism,  prevent  loss  to  investors,  and  in- 
jury and  suffering  to  the  settlers  living  on  the  project. 


REPORT  ON  THE  TWIN  FALLS  OAKLEY 

LAND  AND  WATER  COMPANY'S 

PROJECT 


The  Idaho  Irrigation  and  Drainage  Code  Commission  here- 
with submits  its  report  on  its  findings  relative  to  the  Twin 
Falls  Oakley  Carey  Act  project,  located  in  Cassia  county, 
adjacent  to  the  town  of  Oakley. 

The  Commission  visited  this  tract  on  the  7th  and  8th  days 
of  June,  1915.  It  traversed  by  auto  the  entire  project,  visit- 
ing the  dam  and  examining,  the  canal  system.  It  also  con- 
ferred with  the  managers  of  the  project,  and  held  a  meeting 
with  the  water  users'  association  on  the  afternoon  of  June 
8th,  which  was  largely  attended  by  the  settlers  and  others 
interested  on  the  tract.  On  account  of  the  peculiar  crop  con- 
ditions existing  at  the  time,  the  Commission  deferred  the 
report  upon  the  project  until  there  should  be  opportunity  to 
determine  the  full  result  of  the  growing  season,  and  in  or- 
der to  secure  exact  information  it  detailed  one  of  its  members, 
the  Hon.  J.  A.  Waters  of  Twin  Falls,  to  visit  the  tract  later 
in  the  season  at  different  times  and  to  make  a  statement  re- 
garding his  findings. 

At  a  more  recent  date,  the  Commission  also  invited  the 
superintendent  in  charge  of  the  project,  Mr.  D.  C.  MacWat- 
ters,  to  appear  before  them  and  state  his  views  on  the  situ- 
ation. It  is  not  unreasonable  to  say,  therefore,  that  this 
Commission  has  given  the  Oakley  project  the  fullest  investi- 
gation possible  within  the  time  allowed  the  Commission  for 
such  work,  and  the  report  which  herewith  follows  is  made 
only  after  the  most  careful  consideration  of  all  the  facts  in 
the  case. 

The   Twin   Falls   Oakley  project   originally   contemplated 


Report  of  Commission  57 

the  irrigation  of  55,472.19  acres.  Of  this  amount  there  were 
approximately  State  lands  aggregating  1,920  acres,  and  pri- 
vate lands  amounting  to  9,8*58.63  acres.  These  private  lands 
were  already  to  a  large  extent  in  cultivation,  and  irrigated 
by  prior  water  rights  from  the  flow  of  the  streams  contem- 
plated to  be  used  in  watering  the  Carey  Act  project.  In  pro- 
moting this  larger  scheme,  these  old  water  rights  were  taken 
into  the  system  on  an  agreed  basis  and  continue  to  be  included 
therein. 

Of  the  total  amount  of  Carey  Act  lands  subject  to  sale, 
however,  not  all  have  been  disposed  of,  but  there  have  been 
sold,  according  to  the  last  report,  approximately  28,648.63 
acres,  making  a  total  of  38,506  acres  for  which  the  operating 
company  is  obliged  under  contract  to  supply  water.  Of  the 
amount  of  land  contracted  for  by  Carey  Act  settlers,  the  su- 
perintendent of  the  company  has  stated  that  practically  10,000 
acres  are  at  the  present  time,  through  failure  to  maintain 
payments  or  for  other  causes,  subject  to  cancellation.  The 
total  cost  of  the  project  as  originally  estimated  was  $1,750, 
000,  but  there  has  been  expended  at  the  present  time  over 
$2;000,000.  The  cost  of  water  rights  upon  this  project  was 
very  high,  the  Carey  Act  lands  being  sold  at  $65  per  acre, 
State  lands  at  $55,  and  there  was  an  agreement  with  the  old 
settlers  holding  prior  rights  which  were  merged  into  the  pro- 
ject that  they  should  be  allowed  to  make  contracts  at  $40 
per  acre  for  some  3,500  acres  out  of  the  total  of  9,858.63 
acres  of  private  lands.  The  balance  of  these  private  lands  re- 
ceived a  paid  up  water  right  in  lieu  of  the  exchange  agreed 
upon. 

The  system  as  projected  is  an  excellent  one,  and  the  con- 
struction is  open  to  little  criticism.  There  is  no  doubt  in  the 
minds  of  the  Commission  of  the  ability  of  the  reservoir  to 
receive  and  hold  water  to  the  estimated  capacity.  The  canal 
system  is  not  at  this  time  entirely  completed,  but  is  practically 
so,  and  such  improvements  as  have  been  suggested  by  the 


58  Report  of  Commission 

State  Engineer  are  being  made  by  the  Company,  and  the  en- 
tire distributing  system  is  in  as  good  and  practical  condi- 
tion as  could  be  expected  for  so  recently  constructed  a  project. 

The  main  criticism  that  could  be  made  is  that  the  estimates 
for  available  water  supply  appear  to  have  been  made  with- 
out reliable  information  upon  the  subject,  and  all  the  diffi- 
culties through  which  the  project  has  labored  are  traceable  to 
a  shortage  in  the  water  supply.  This  Commission  found  that 
the  administration  of  the  project  by  the  agents  of  the  com- 
pany has  been  fairly  satisfactory,  and  there  did  not  appear  to 
be  the  amount  of  friction  which  usually  is  to  be  observed  in 
such  cases. 

The  duty  of  water  on  this  project  is  the  highest  required 
upon  any  Carey  Act  segregation  within  the  State,  the  con- 
tract being  made  between  the  company  and  the  State,  and 
later  with  the  settlers,  for  one  and  one-half  acre-foot  supply. 
Under  the  contract  agreement  between  the  construction  com- 
pany and  the  Oakley  Canal  Company,  Limited,  which  was  to 
take  over  the  control  of  the  system,  but  which  was  to  be 
operated  by  the  constructing  company  until  a  certain  per  cent- 
age  of  the  contract  agreement  had  been  paid,  there  was  a  res- 
ervation by  which  this  amount  of  water  could  even  be  re- 
duced and  pro-rated  between  the  settlers,  should  there  by  rea- 
son of  drouth  or  any  other  unforeseen  cause  occur  a  shortage 
in  the  supply.  Such  a  contingency  arose  much  earlier  in 
the  history  of  the  project  than  was  expected,  as  the  year 
1915  found  the  entire  State  affected  by  a  very  severe  drouth 
and  consequent  shortage  in  the  supply  of  water  for  irrigation 
purposes. 

On  this  account,  early  in  the  season  the  operating  com- 
pany notified  the  settlers  that  the  amount  of  water  available 
would  not  exceed  one  acre-foot,  and  they  were  advised  of  the 
seriousness  of  the  situation.  It  is  to  be  regretted  that  many 
of  the  settlers  were  not  aware  of  the  provision  in  the  contract 
permitting  of  the  pro-rating  of  the  water,  as  some  of  them 


Report  of  Commission  59 

were  apparently  under  the  impression  that  they  could  obtain 
the  full  contract  amount  for  their  acreage,  which  could  be 
used  as  they  might  require,  and  were  also  under  the  impres- 
sion when  the  company  notified  them  of  a  reduction  to  one 
acre-foot,  that  they  would  receive  the  total  amount  as  evi- 
denced by  their  shares  of  stock,  and  could  apply  the  same 
to  a  smaller  amount  of  land.  In  other  words,  some  of  the 
settlers  having  a  water  right  for  80  acres  decided  to  re- 
Iduce  this  acreage  to  40  or  60  acres  and  believed  that  they 
could  apply  the  total  amount  of  80  acre-feet  to  the  smaller 
area.  In  this  they  were  disappointed,  as  the  company  limited 
the  amount  of  water  to  the  actual  acreage  in  crop.  It  should 
be  noted  also  that  within  this  project  are  many  old  ranches 
with  fully  matured  orchards  and  fields  which  had  been  in 
cultivation  a  long  time.  These  old  ranches,  occupied  as  they 
were  by  settlers  who  had  operated  them  under  the  free  and 
easy  system  of  their  prior  water  rights,  appeared  to  suffer 
more  severely  from  the  ensuing  drouth. 

In  June,  when  the  Commission  made  its  visit,  it  was  ap- 
parent that  there  was  going  to  be  a  severe  shortage  in  the 
crop  production,  which  later  investigation  proved  to  be  the 
case.  While  here  and  there  farmers  who  understood  the  situ- 
ation or  were  more  fortunately  situated,  were  successful  in 
securing  good  results,  the  total  production  of  grains,  sugar 
beets,  alfalfa  and  other  produce  was  severely  curtailed,  and 
it  is  quite  probable  that  permanent  injury  to  growing  or- 
chards and  shade  trees,  and  also  to  hay  fields  will  result. 
While  serious  loss  to  the  settlers  has  thus  been  occasioned, 
there  is  not  the  same  amount  of  distress  and  destitution 
which  this  Commission  has  observed  on  certain  other  pro- 
jects within  the  State. 

It  is  a  matter  of  doubt  whether  such  a  high  duty  of  water 
should  have  been  accepted  by  the  State  Land  Board  in  the 
original  plans  for  the  project.  While  one  and  one-half  acre- 
foot  may  be  ample  under  certain  conditions  for  the  successful 


60  Report  of  Commission 

production  of  crops,  and  while  under  a  proper  administration 
of  such  an  amount  of  water  it  could  be  made  to  go  much 
farther  than  when  applied  in  the  usual  manner,  the  supply  is 
certainly  scarcely  more  than  adequate  under  general  condi- 
tions. 

The  soils  of  the  Goose  Creek  Valley  are  heavier  and  deeper 
than  ordinary,  and  the  lay  of  the  land  is  most  attractive. 
The  natural  amount  of  moisture  available  through  precipita- 
tion is  very  much  greater  than  in  many  other  of  the  semi: 
arid  portions  of  the  State.  The  records  of  the  Weather 
Bureau  show  that  it  is  annually  increasing,  due  to  the  close 
proximinity  to  other  irrigation  projects,  notably  the  North 
and  South  Side  Twin  Falls  and  Minidoka  projects,  which 
have  changed  deserts  to  cultivated  areas.  For  this  reason 
it  has  been  contended  that  the  Oakley  project  could  get  along 
with  a  high  duty  of  water  and  that  the  conditions  would  im- 
prove as  time  went  on.  While  it  may  be  hoped  that  this  will 
be  the  case,  it  is  not  a  justification  for  the  limited  use  -of 
water  permitted  under  the  terms  of  this  contract. 

Much  sympathy  should  be  shown  to  the  old  settlers  who 
surrendered  their  prior  rights  in  the  hope  of  the  development 
of  a  large  area  of  land  surrounding  them,  as  the  result  has 
shown  that  their  hopes  have  not  been  realized  and  that  their 
own  ranches  have  suffered  severely  from  the  shortage  of  the 
supply. 

The  available  water  for  this  project  was  designed  to  come 
from  Goose  and  Trapper  creeks,  with  a  further  limited  in- 
flow from  Birch  and  Big  Cottonwood  creeks.  Some  smaller 
sources  of  supply  were  also  included,  but  never  figured  in 
the  total  to  any  great  extent.  It  is  to  be  regretted  that  the 
original  company  promoting  this  project  did  not  make  a  more 
accurate  investigation  of  the  sources  and  total  amount  avail- 
able. At  the  time  that  the  scheme  was  projected  there  was  very 
little  data  available  as  to  this  water  supply,  and  it  was  evidently 
largely  over-estimated.  Measurements  taken  by  agents  of 


Report  of  Commission  61 

the  company  and  promoters  of  the  project,  covering  a  lim- 
ited period  of  time,  were  used  as  the  basis  for  their  esti- 
mates, and  it  was  not  until  the  United  States  Geological  Sur- 
vey made  investigations  on  its  own  account  that  any  reliable 
data  could  be  secured. 

In  order  to  get  at  the  facts  regarding  the  available  supply 
this  Commission  employed  Mr.  A.  E.  Robinson,  a  former 
State  Engineer,  to  tabulate  all  the  records  relating  to  the 
water  supply  on  this  project  and  to  make  a  report  as  to  the 
.possible  amount  that  could  be  expected  for  the  'irrigation  of 
this  project.  The  Commission  also  instructed  Mr.  Robinson 
to  estimate  from  this  information  the  amount  of  land  which 
it  could  be  expected  might  be  taken  care  of  by  any  reasonable 
calculation  regarding  the  supply.  This  report  of  Mr.  Rob- 
inson, together  with  his  conclusions,  are  herewith  inserted 
and  made  a  part  of  this  report. 

Boise,  Idaho,  October  16,  1915. 
Idaho  Irrigation  and  Drainage  Code  Commission. 

Gentlemen:  In  submitting  to  you  the  following  estimate 
of  water  supply  for  the  Twin  Falls-Oakley  project,  it  is  proper 
that  I  should  direct  your  attention  to  some  matters  not  sus- 
ceptible of  exact  determination  at  this  time,  and  which,  nat- 
urally, might  change  the  final  result. 

The  Oakley  Company  has  brought  suit  against  the  Vine- 
yard Land  and  Stock  Company  to  quiet  title  to  part  of  the 
waters  of  Goose  creek.  The  dates  upon  which  the  Vineyard 
Company  initiated  title  are  prior  to  some  of  the  filings  of  the 
Oakley  Company,  and  in  part  later  than  some  of  the  rights 
decreed  to  various  settlers  and  afterwards  acquired  by  the 
Oakley  Company.  There  is  some  question  as  to  the  effect 
that  a  decree  giving  the  Vineyard  Company  all  for  which  It 
contends  would  have  on  the  Oakley  supply.  The  Vineyard 
lands  are  from  25  to  40  miles  upstream  from  the  Oakley  dam ; 
and  they  are  situated  in  narrow  canyons,  which  collect  the 
seepage  and  return  it  to  the  creek ;  most  of  the  water  claimed 
has  been  used  in  past  years,  and  has  not  been  measured  at 
the  Goose  creek  gauging  station.  The  measurements  at  this 
station  are  among  those  I  have  used  in  estimating  the  supply. 


62  Report  of  Commission 

Some  of  the  owners  of  decreed  rights  on  Goose  and  Birch 
creeks  who  exchanged  their  rights  for  storage  rights  in  the 
reservoir  have  brought  suit  to  have  the  exchange  nullified. 

Neither  of  these  suits  have  been  decided  by  the  United 
States  district  court,  and  pending  a  decision  it  would  be  idle 
to  speculate.  Even  after  judgment  shall  have  been  rendered 
it  would  very  possibly  require  a  field  examination  and  many 
measurements  to  ascertain  the  effect  upon  the  Oakley  sup- 
ply. In  the  latter  case  a  somewhat  involved  computation 
would  have  to  be  made  to  determine  whether  or  not  the  pro- 
ject would  gain  or  lose  by  having  part  of  its  water  supply 
taken  from  it  along  with  a  decrease  in  the  acreage  it  is  un-' 
der  obligations  to  supply  with  water.  The  combined  effect 
of  adverse  decisions  in  these  cases  probably  would  not  alter 
my  estimate  as  much  as  10  per  cent. 

This  project  contains  under  contract  at  the  present  time 
about  40,000  acres  of  land  as  follows. 

Acres 

Carey  land  for  which  patent  has  been  applied .  .   28,648.63 
Private  land  9,858.63 


Total 38,507.26 

All  the  Carey  land  for  which  patent  has  been  requested  has 
contracted  for  water.  There  were  originally  segregated  43,- 
773.56  acres  in  List  No.  23. 

This  land  was  to  be  irrigated  from  water  from  Goose, 
Trapper,  Birch  and  Cottonwood  creeks,  the  first  two  flow- 
ing directly  into  the  reservoir  and  the  latter  two  being  car- 
ried to  the  reservoir  through  ditches  having  lengths  of  6.7 
and  14.5  miles  respectively.  The  water  contracts  allot  1.5 
acre-feet  per  acre,  and  the  original  estimates  of  supply  ap- 
parently indicated  that  the  supply  would  aggregate  over  120,- 
000  acre- feet,  which  would  be  sufficient  for  the  total  area  of 
land.  This  estimate  was  based  upon  the  area  of  the  drain- 
age basin  and  the  precipitation  thereon,  a  method  which  has 
been  found  to  give  results  entirely  erroneous  and  invariably 
too  high.  A  second  estimate  was  made  by  observing  the  flow 
of  the  creeks  in  1908  and  1909.  This  gave  74,928  acre-feet. 
An  estimate  by  the  State  Engineer  in  1913  on  the  basis  of 


Report  of  Commission  63 

records  of  run-off  made  by  the  United  States  Geological  Sur- 
vey confirmed  the  latter. 

But  in  neither  of  these  estimates  was  any  consideration 
given  to  the  fact  that  it  would  not  be  possible  to  deliver  to 
the  reservoir  the  water  from  Birch  and  Cottonwood  creeks 
without  considerable  loss.  These  streams  are  small,  running 
about  three  second-feet,  or  150  miners'  inches,  for  the  greater 
part  of  the  year,  so  it  is  evident  that  there  would  be  material 
losses  in  transporting  such  small  flows  through  canals  de- 
signed for  100  second-feet  and  having  lengths  of  5.7  and 
14.5  miles  respectively.  These  feeder  canals  were  not  com- 
pleted until  1913.  Since  completion  they  have  delivered 
water  to  the  reservoir  in  the  spring  of  1914  only.  As  the 
estimation  of  the  supply  from  these  creeks  is  not  susceptible 
of  the  same  accuracy  as  that  of  Goose  and  Trapper  creeks, 
I  have  made  a  separate  estimate  at  the  end  of  this  report. 

United  States  Geological  Survey  gaugings  of  Goose  and 
Trapper  creeks  show  the  following  annual  run-offs : 

Acre- Feet 

1909-1910 59,901 

1910-1911 50,365 

1911-1912 71,902 

1912-1913 49,300 

1913-1914 65,900 

Or  an  average  for  the  five  years  of  59,400  acre-feet.  The 
records  for  1915  have  not  yet  been  compiled.  They  will  show 
when  compiled,  a  low  year.  The  run-off  for  the  previous 
years  is  very  nearly  one-half  that  of  Salmon  river,  which 
rises  in  the  same  mountain  range  and  flows  through  a  coun- 
try topographically  sirhilar.  As  the  run-off  of  the  latter  for 
1915  approximates  very  closely  50,000  acre-feet,  25,000  acre- 
feet  will  be  the  probable  run-off  of  Goose  and  Trapper  creeks. 
The  company's  records  show  24,620  acre-feet  until  Septem- 
ber 5,  or  25  days  less  than  the  year.  This  added  to  the  above 
gives  a  six-year  average  of  53,730  acre-feet. 

In  my  opinion  it  is  more  accurate  to  include  this  low  year. 
We  know  that  the  annual  fluctuation  of  most  streams  is  so 
great  that  a  true  average  is  to  be  obtained  by  the  considera- 
tion of  the  flow  for  a  long  period  of  pears.  There  is  no  jus- 


64  Report  of  Commission 

tification  for  excluding  the  last  year,  no  matter  whether  it 
be  high  or  low. 

For  the  purpose  of  throwing  some  light  on  the  question  of 
reservoir  losses,  I  give  the  following  data,  supplied  by  the 
Oakley  Company. 

There  are  no  records  available  for  1912,  as  the  operation 
of  the  canal  for  that  year  was  entirely  in  the  hands  of  the 
farmers. 

Acre-Feet 

On  hand  September  22,  1912 6,483 

Received  from  Goose  Creek 11,783 

Received  from  Trapper  creek 4,173    15,956 

Total    22,439 

On  hand  April  1,  1913 19,453 

Loss 2,986 

On  hand  April  1,  1913 19,453 

Received,  Goose  creek 25,473 

Received,  Trapper  creek , 7,299    32,772 

Total  52,225 

Drawn  32,862 

Balance  19,363 

On  hand  November  1,  1913 9,850 


Loss    9,513 

On  hand  November  1,  1913 9,850 

Received  from  Goose  creek 15,974 

Received  from  Trapper  creek.  ......      4,641    20,615 


Total    30,465 

On  hand  April  1,  1914 28,500 

Loss    1,965 

On  hand  April  1,  1914 28,500 

Received,  Goose  creek 36,210 

Received,  Trapper  creek 8,981 

Received,  Birch  creek 2,482 

Received,  Cottonwood  creek 2,780    50,453 

Total  78,953 


Report  of  Commission  65 

Drawn  .  45,780 


Balance    33,173 

On  hand  November  1,  1914 16,350 


Loss    16,823 

On  hand  November  1,  1914 16,350 

Received,  Goose  creek  7,250 

Received^  Trapper  creek 2,689      9,939 


Total    26,289 

On  hand  April  1,  1915 24,600 


Loss    1,689 

On  hand  April  1,  1915 24,600 

Received,  Goose  creek   10,673 

Received,  Trapper  creek   4,008    14,681 


Total    39,281 

Drawn    35,572 


Balance    3,709 

On  hand  September  5,  1915 0 


Loss    3,709 

These  losses  may  be  summarized  as  follows : 

Winter  Summer  Total  Quantities  in  Reservoir 

1912-1913     ...    2,986  9,513  12,499  6,480  up  to  30,000  down  to     9,500 

1913-1914     ...    1,965  16,823  18,788  9,500  up  to  50,000  down  to  16,350 

1914-1915    ...    1,689  3,709           5,398  16,350  up  to  25,600  down  to  0 

To  make  an  accurate  estimate  of  future  losses  from  the  res- 
ervoir, a  detailed  examination  of  all  the  records  of  inflow, 
outflow-  and  elevations  of  water  in  the  basin  would  have  to  be 
made,  which  would  require  considerable  time  and  involve  an 
expense  that  might  not  be  commensurate  with  the  amount  of 
information  gained.  The  above  figures  indicate  an  improve- 
ment in  the  holding  capacity  of  the  reservoir,  but  do  not  tell 
how  much,  nor  what  can  be  expected  in  the  future.  The  grad- 
ual decrease  in  the  losses  during  the  winter  months,  when 
there  would  be  greater  uniformity  in  evaporation  and  less 


66  Report  of  Commission 

fluctuation  in  the  water  level,  shows  an  improvement,  and  in- 
dicates the  possibility  of  some  further  improvement,  but  the 
probability  that  such  further  improvement  will  not  be  con- 
siderable. 

It  has  been  demonstrated  that  some  reservoirs  that  have 
been  investigated  lose  the  same  amount  of  water  by  evapo- 
ration as  from  seepage.  Whether  or  not  this  rule  will  apply 
to  the  Oakley  reservoir  remains  to  be  proven.  It  is  a  rough 
rule  at  best,  and  might  be  no  more  applicable  to  Idaho  con- 
ditions than  the  old  practice  of  estimating  the  run-off  from 
precipitation  and  area  of  the  drainage  basin.  But  because 
an  estimate  based,  upon  facts  in  this  case  checks  roughly  with 
such  an  assumption,  and  there  is  no  better  way  of  ascertain- 
ing the  losses,  I  will  use  this  method,  although  it  is  not  en- 
tirely satisfactory  to  me.  The  evaporation  during  the  win- 
ter months  here  used  is  one-fifth  that  for  the  year.  For  a 
winter  loss  of  1,7.00  acre-feet,  the  yearly  loss  would  be  8,500 
acre-feet.  Former  State  Engineer  King  estimated  5,500 
acre-feet  on  the  assumption  that  the  seepage  was  60  per  cent 
of  the  evaporation.  Had  he  used  equal  quantities  for  the  two 
he  would  have  found  7,000  acre-feet  loss.  We  would  then 
have  available  at  the  reservoir  gate  53,730-8,500,  or  45,230 
acre-feet.  It  can  be  noted  that  this  is  approximately  the  quan- 
tity which  was  drawn  for  irrigation  in  1914,  when  there  was 
under  cultivation  17,500  acres. 

Following  is  a  table  showing  the  performance  of  the  ca- 
nals : 

Percentage 

Drawn  From          Delivered              Loss  in                   Acres  Amount 

Season                           Reservoir           to  Farmers      Transportation  Irrigated  Per  Acre 

1913    32,862                  21,607                  34.2                  11,600  1.37 

1914    45,780                 33,422                  27.0                  17,500  1.91 

1915    35,572                  21,390                  39.8                  21,500  1.00 

Although  there  are  portions  of  the  main  canal  that  flow 
through  gravel  beds,  the  canals  in  the  main  are  built  through 
earth  similar  in  character  to  those  in  other  projects  in  that 
part  of  the  State.  Engineers  of  the  company  estimate  the 
future  losses  to  be  16  per  cent.  Former  State  Engineer 
King  estimated  it  at  23  per  cent,  but  was  content  to  average 
his  figure  with  that  of  the  company,  making  20  per  cent.  It 
will  be  noticed  that  there  is  a  marked  improvement  in  1914 
over  1913,  due  to  the  combined  effect  of  natural  improvement 


Report  of  Commission  67 

in  the  canal  and  the  running  of  a  larger  quantity  of  water, 
and  while  1915  showed  a  greater  loss  than  1913  for  the  same 
amount  of  water  delivered,  from  the  fact  that  this  water  was 
distributed  to  almost  twice  as  much  land,  it  would  be  ex- 
pected that  the  per  centage  loss  would  be  much  higher.  From 
the  past  conduct  of  the  canal  and  from  measurements  of 
losses  in  certain  sections,  I  believe  that  a  loss  of  20  per  cent 
would  be  conservative.  Eighty  per  cent,  then,  of  45,230  is 
36,180  acre-feet;  and  this  divided  by  1.5,  the  contract  duty, 
gives  24,300  acres.  To  this  might  be  added  10  per  cent  for 
roads,  yards,  etc.,  making  a  total  area  capable  of  irrigation 
from  Goose  and  Trapper  creeks  of  26,730  acres. 

A  report  by  the  State  Engineer  for  1910,  1911,  and  1912, 
and  gaugings  of  the  United  States  Geological  Survey  show 
the  run-off  as  follows  from  Cottonwood  and  Birth  creeks : 

Cottonwood         Birch 

1910 8,481          6,326 

1911 6,009         6,023 

1912 13,704         6,661 

1913 6,120 

1914 8,980 

In  1914,  out  of  8,980  acre-feet  of  Cottonwood,  the  reser- 
voir received  2,780  acre-feet.  Therefore  it  must  flow  8,980 
less  2,780,  or  6,200  acre-feet  before  there  is  any  available 
for  the  Oakley  project. 

There  would  have  been  available,  including  1915,  because 
there  was  none  available  that  year : 

* 

1910 2,281 

1911 0 

1912 7,504 

1913 0 

1914 2,780 

1915 0 

i 

An  average  for  the  six  years  of  2,100  acre-feet. 

Birch  creek  is  more  uncertain  and  difficult  of  treatment. 
The  few  records  we  have  show  a  great  uniformity  of  flow, 


68  Report  of  Commission 

so  I  think  we  can  take  2,480,  or  its  1914  flow  to  the  reser- 
voir, as  its  average. 

Cottonwood   2,100 

Birch   2,480 

Total 4,580 

Measured  at  the  reservoir. 

No  dedcution  will  be  made  for  reservoir  losses  for  this 
4,580  acre-feet,  as  I  have  already  assumed  a  loss  on  the  theory 
that  water  would  be  received  from  these  two  creeks.  De- 
ducting 20  per  cent  transportation  loss,  leaves  3,860  feet, 
which  at  1.5  acre-feet  per  acre,  would  supply  2,580  acres.  If 
to  this  we  add  10  per  cent,  as  before,  we  have  2,840  acres 
as  the  area  to  be  irrigated  from  Cottonwood  and  Birch 
creeks.  This,  added  to  26,730  acres  previously  found,  gives 
a  total  of  29,570  acres  as  the  total  area  capable  of  irrigation 
on  the  Oakley  project. 

Owing  to  many  uncertain  conditions,  it  is  not  my  intention 
to  state  that  the  above  acreage,  namely  29,570,  can  or  will 
be  irrigated.  It  has  been  my  experience  that  the  develop- 
ment of  new  facts  or  the  better  understanding  of  conditions 
concerning  which  some  information  has  been  available,  re- 
sults in  a  decrease  in  the  acreage  which  can  be  irrigated  from 
a  given  source,  and  that  in  no  project  with  which  I  am  fa- 
miliar has  it  ever  developed  that  more  land  could  be  irrigated 
than  had  been  estimated.  This  project  is  still  in  its  youth, 
and  the  records  therefore  do  not  cover  as  long  a  term  of 
years  as  they  should  to  permit  any  engineer  to  submit  an  es- 
timate which  could  be  regarded  as  final.  For  that  reason  I 
regret  that  I  can  not  at  this  time  indicate  the  quantity  of 
land  which  should  be  retained  in  this  project.  As  has  been 
pointed  out,  Cottonwood  creek  is  a  decidedly  uncertain  feeder. 
Because  of  litigation  now  pending,  the  title  to  the  waters  of 
Birch  creek  may  or  may  not  be  in  the  Oakley  Company. 
Therefore,  in  making  a  conservative  estimate,  I  would  feel 
justified  in  eliminating  land,  namely  2,840  acres,  which  I  es- 
timate might  be  irrigated  from  Cottonwood  and  Birch  creeks. 
This  would  leave  the  project  at  26,730  acres.  If,  however, 
it  should  develop  in  the  future  that  Cottonwood  and  Birch 
creeks  can  be  relied  upon  as  feeders,  the  uncertainty  of  the 


Report  of  Commission  69 

outcome  of  the  litigation  affecting  Goose  creek  would  still 
be  justification  for  the  placing  of  a  limit  of  27,000  on  the 
project  acreage. 

Respectfully  submitted, 

A.  E.  ROBINSON, 

Engineer. 

In  view  of  the  conditions  as  observed  by  the  Commission 
and  from  all  information  available,  the  following  resolution 
was  placed  upon  our  records : 

"Moved :  That  in  making  the  report  on  the  Oakley  project, 
we  adopt  the  conclusions  of  Mr.  Robinson  as  to  the  probable  to- 
tal amount  of  land  that  can  be  successfully  irrigated  by  the  wa- 
ter available  under  the  contract  made  with  the  settlers,  but  in 
view  of  the  uncertainty  of  the  supply  to  be  secured  from 
Birch  and  Big  Cottonwood  creeks,  as  shown  by  the  records, 
we  recommend  that  the  presumed  total  amount  of  29,570 
acres  be  reduced  by  the  elimination  of  the  2,840  acres  esti- 
mated as  provided  for  by  the  supply  from  these  two  creeks, 
thus  leaving  the  probable  total  amount  of  land  which  could 
be  safely  irrigated  in  normal  years  as  26,730  acres.  We  do 
not  agree  with  that  part  of  the  report  of  Mr.  Robinson 
which  adds  10  per  cent  to  the  irrigable  area  on  account  of 
roads,  yards,  etc.,  and  would  on  that  account  deduct  from 
his  total  area  2,430  acres,  thus  bringing  the  area  capable  of 
irrigation  down  to  a  total  of  24,300.  We  would  recommend 
that  the  Land  Board  take  such  action  as  may  be  necessary  to 
secure  a  reduction  of  the  project  by  the  construction  com- 
pany or  its  successors,  to  that  extent.  We  would  further  rec- 
ommend that  the  Settlers'  Association,  acting  in  co-operation 
with  the  operating  company,  take  steps  to  limit  the  amount 
of  land  to  be  put  into  crop  during  the  season  of  1916  and 
subsequent  years  until  it  can  be  demonstrated  by  experience 
or  otherwise  that  the  available  water  is  sufficient  to  supply 
the  contract  amount  of  one  and  one-half  acre-foot  to  a  larger 
acreage.  The  area  thus  restricted  should  by  no  means  be 


70  Report  of  Commission 

allowed  to  exceed  the  21,500  acres  reported  as  being  in  crop 
during  1915,  and  if  possible  it  should  be  reduced  to  18,000 
or  19,000  acres.  The  supply  of  storage  water  at  the  present 
date  is  zero,  and  even  if  the  amount  impounded  during  the 
winter  and  coming  season  should  be  in  excess  of  the  amount 
required  for  the  restricted  area,  such  surplus  should  be  con- 
served and  carried  over  into  the  succeeding  year." 

In  arriving  at  the  conclusions  of  the  above  resolution,  the 
Commission  took  into  consideration  the  demands  of  some  of 
the  settlers  to  reduce  the  segregation  to  an  extremely  limited 
area.  Some  of  these  suggestions  would  eliminate  all  but  12,- 
000  acres,  while  there  were  a  number  who  suggested  that  15,- 
000  or  16,000  would  be  all  that  could  possibly  be  taken  care 
of.  This  Commission  believes,  however,  that  these  sugges- 
tions of  various  settlers  are  not  based  upon  any  scientific 
reasoning,  but  are  largely  matters  of  opinion,  and  it  has 
been  our  effort  to  arrive  at  the  proper  conclusions  by  secur- 
ing every  possible  information  that  could  be  obtained. 

Reference  has  been  made  to  pending  litigation  relative 
to  some  of  the  water  rights  held  by  this  company.  While 
this  may  not  result  adversely  to  the  project,  it  is  quite  pos- 
sible that  such  may  be  the  result,  and  it  has  been  the  effort  of 
the  Commission  to  eliminate  any  sources  of  supply  that  might 
be  considered  doubtful.  This  is  stated  as  a  justification  for 
the  reduction  above  noted  to  26,730.  It  would  not  be  wise 
to  conclude  this  report  without  expressing  our  opinion  that 
the  Oakley  project,  if  reduced  to  a  reasonable  area,  as  indi- 
cated, and  if,  with  the  increase  of  experience,  the  settlers 
learn  to  use  the  waters  available  to  the  utmost  advantage,  will 
become  in  due  time  one  of  the  most  successful  and  productive 
of  any  in  the  State. 

With  a  shortage  such  as  has  been  apparent  from  the  be- 
ginning, it  can  not  be  expected  that  these  lands  will  be  rapidly 
settled  and  improved,  and  it  certainly  would  be  the  part  of 
wisdom  for  the  controlling  company  to  recognize  this  fact 


Report  of  Commission  71 

That  there  would  be  some  loss  to  the  bondholders  is  appar- 
ent, but  the  wise  course  of  action  would  reduce  this  to  the 
minimum. 

By  the  reduction  of  acreage  and  the  concentration  of  the 
project  to  a  smaller  and  more  compact  area,  some  settlers 
will  probably  feel  that  they  have  been  unfairly  dealt  with,  but 
steps  should  be  taken  on  the  part  of  the  Land  Board  to  secure 
to  such  persons  as  far  as  possible  their  rights  in  their  lands 
upon  which  they  have  filed  and  to  the  improvements  which 
they  have  made.  We  believe  that  such  settlers  should  have 
the  right  to  secure  title  to  their  lands,  and  if  pending  legis- 
lation in  Congress  is  passed,  this  will  become  possible,  al- 
though they  may  never  be  able  to  secure  water  rights  for  their 
holdings. 


REPORT  ON  THE  TWIN  FALLS  NORTH 
SIDE  CAREY  ACT  PROJECT 


After  a  thorough  examination  and  due  consideration  of  the 
Twin  Falls  North  Side  Carey  Act  project,  the  Idaho  Irriga- 
tion and  Drainage  Code  Commission  begs  to  submit  the  fol- 
lowing report : 

Your  Commission's  investigation  included  the  detailed  ex- 
amination by  Representative  J.  A.  Waters,  to  whom  was 
delegated  the  task  of  making  a  preliminary  report  to  the  Com- 
mission of  conditions  existing  on  the  tract.  Mr.  Waters  spent 
from  November  17th  to  19th  on  the  tract,  investigating  the 
reservoirs,  canals  and  general  distributing  system.  He  also 
held  numerous  meetings  and  conferences  with  settlers  on  the 
tract.  After  a  preliminary  report  of  Mr.  Waters,  three  mem- 
bers of  tfie  Commission,  Messrs.  Elliott,  Waters  and  Cartel- 
held  meetings  on  the  tract  at  Eden,  Grand  View  club  house, 
and  Wendell.  All  of  these  meetings  were  largely  attended  by 
bona  fide  settlers,  with  whom  the  general  situation  was  dis- 
cussed. The  Eden  meeting  was  also  attended  by  Messrs.  R. 
E.  Shepherd  and  Brookmine,  representing  the  bondholders. 

There  are  three  segregations  on  the  project,  totaling  about 
200,000  acres,  and  contracts  have  been  made  with  the  settlers 
aggregating  165,000  acres.  The  contracts  have  been  made 
at  different  rates  per  acre  on  the  first,  second  and  third 
segregations,  respectively.  Patents  to  151,343.57  acres  have 
been  issued  by  the  Federal  Government,  and  the  company  has 
asked  that  the  State  immediately  issue  patents  to  all  the  land 
upon  which  proof  has  been  made. 

The  original  company  has  been  succeeded  by  representa- 
tives of  the  bondholders,  who  have  entire  charge  of  the  pro- 
ject at  present,  and  the  word  "company"  as  hereinafter  used 


Report  of  Commission  73 

is  intended  to  include  the  representatives  of  the  bondholders, 
as  well  as  the   original  company. 

There  are  now  two  kinds  of  contracts  existing  between 
the  company  and  settlers.  In  consideration  of  the  extension 
of  time  for  payments  on  the  old  contracts,  about  half  of  the 
settlers  have  been  forced  to  the  alternative  of  signing  new 
contracts  or  suffering  foreclosure  under  the  old  contracts. 
Their  new  contracts  provide  that  on  demand  from  the  com- 
pany, the  settler  shall  execute  notes,  secured  by  mortgages 
on  their  holdings,  in  favor  of  the  company  in  a  sum  equal  to 
the  unpaid  balance  on  their  contracts. 

The  water  supply  consists  of  two  separate  filings  on  the 
Snake  river  of  2,660  feet,  and  the  storage  in  Wilson  lake  and 
the  Jerome  reservoirs.  It  was  expected  that  these  reservoirs 
would  store  not  less  than  70,000  acre-feet.  Because  of  ex- 
cessive losses,  the  Jerome  reservoir  has  proved  .to  be  a  total 
failure,  and  the  Wilson  Lake  reservoir  will  store  only  10,000 
acre-feet.  The  company  is  now  providing  additional  stor- 
age in  Jackson  lake.  All  of  the  reservoir  water  is  intended 
for  the  second  and  third  segregations.  Through  an  agree- 
ment with  the  State  Land  Board  the  company  is  permitted 
to  sell  excess  water  stored  in  this  reservoir. 

It  is  apparent  to  the  Commission  that  there  exists  an  alarm- 
ing shortage  in  the  amount  of  water  for  all  of  the  segrega- 
tions. In  the  past  year  the  settlers  were  put  upon  a  50  per 
cent  basis  for  a  large  part  of  the  irrigating  season,  and  many 
of  the  settlers  received  practically  no  water.  While  the  Jack- 
son Lake  reservoir  will,  when  completed,  add  greatly  to  the 
water  supply,  there  will  still  be  a  shortage  because  the  carry- 
ing capacity  of  the  canal  system  is  wholly  inadequate. 

During  the  past  season,  while  the  65,000  acres  under  culti- 
vation was  on  a  basis  of  50  per  cent  of  the  total  amount  of 
their  water  contracts,  the  main  canal  was  running  practically 
to  its  full  capacity,  and  the  settlers  on  the  extreme  ends  of  the 
laterals  in  many  instances  received  so  little  water  that  their 


74  Report  of  Commission 

crops  were  a  total  failure.  It  seems  to  be  the  general  con- 
sensus of  opinion  among  the  settlers  that  only  once,  during 
the  year  1912,  of  the  seven  seasons  that  the  water  has  been  de- 
livered was  there  a  sufficient  water  supply  for  crops.  The 
Commission  is  not  unmindful  of  the  fact  that  many  reports 
have  gone  out  from  this  project  that  the  1915  crops  have  been 
abundant.  Upon  slight  inquiry  it  developed  that  there  were 
good  crops  in  isolated  instances  where  the  farmer  received 
much  more  than  the  per  centage  of  water  allotted,  or  as  in 
many  instances  one  part  of  the  farm  was  wholly  sacrificed; 
and  all  of  the  water  for  a  large  acreage  applied  to  a  much 
smaller  one. 

The  inadequacy  of  the  canal  system  is  largely  due  to  the 
numerous  crevices,  which  cause  enormous  losses.  The  geo- 
logical formation  is  peculiar.  Crevices  develop  at  frequent 
intervals,  which  soon  enlarge  so  that  large  quantities  of  water 
drop  out  of  sight.  It  is  said  that  there  are  more  than  100  ot 
such  crevices  in  the  bottom  of  the  Jerome  reservoir,  and  the 
same  difficulty  is  encountered  in  the  canal  system.  As  indi- 
cative of  the  large  amount  of  water  escaping  in  this  way, 
it  is  reliably  stated  that  the  Blue  lakes  have  risen  perceptibly 
during  the  irrigation  season  on  the  North  Side.  There  are 
numerous  ponded  areas  in  the  main  canal,  which  cause  un- 
usual loss  from  seepage  and  evaporation,  and  greatly  retard 
the  flow  of  the  water.  In  some  of  these  spreads,  the  canal  is 
three-fourths  of  a  mile  wide,  and  in  numerous  instances  is 
several  hundred  feet  wide.  It  will  doubtless  require  the  ex- 
penditure of  large  sums  of  money  in  order  to  prevent  these 
enormous  losses,  but  it  is  apparent  that  they  will  have  to  be 
stopped  before  anything  like  an  adequate  supply  of  water  can 
be  had.  This  applies  to  the  laterals,  as  well  as  to  the  main 
canal. 

The  Commission  is  also  of  the  opinion,  even  after  such 
improvements  are  made,  that  the  main  canal  will  have  to  be 
greatly  enlarged  before  a  sufficient  quantity  of  water  can  be 


Report  of  Commission  75 

delivered  to  the  entire  project.  The  declivity  is  so  slight  for 
the  first  5200  feet  from  the  intake  that  the  velocity  is  greatly 
retarded.  It  was  stated  at  the  Eden  meeting,  by  Mr.  Shep- 
herd, that  it  was  impracticable  to  raise  the  flash  boards  of 
the  Milner  dam  through  fear  that  the  dam  would  go  out 
under  the  increase  of  pressure. 

It  is  also  apparent  that  the  present  methods  of  distribution 
are  very  inequitable.  The  settlers  on  the  lower  ends  of  the 
laterals  have  had  just  cause  of  complaint.  There  exists  an 
apparent  antagonism  between  some  of  the  settlers  and  the 
officers  of  the  company.  Complaints  made  to  the  ditch  riders 
or  to  the  directors  were  treated  with  contempt  and  frequently 
the  complainant  received  further  cuts  in  his  water  supply  as 
a  reward  for  making  just  accusations. 

In  view  of  the  above  facts,  your  Commission  would  re- 
spectfully make  the  following  recommendations : 

First:  That  the  company  be  required  to  improve  the  canal 
system  so  that  the  carrying  capacity  will  be  adequate,  the 
Commission  being  of  the  opinion  that  the  canal  will  have  to 
be  enlarged,  as  well  as  improved  by  cementing  or  otherwise 
improving  the  places  where  the  loss  is  greatest.  If  the  canal 
is  not  enlarged,  a  separate  canal  should  be  constructed  for 
the  first  segregation. 

Second:  That  if  it  is  found  that  sufficient  water  can  not 
be  had  for  the  entire  project,  that  it  be  cut  down  by  cutting 
of!  the  Clover  Creek  or  third  segregation,  and  the  high  line 
and  low  line  pumping  plants  on  the  second  segregation.  The 
third  or  Clover  Creek  segregation  is  situated  at  the  extreme 
end  of  the  project,  and  enormous  losses  occur  in  delivering 
water  to  it.  There  are  some  improved  ranches  on  this  pror 
ject,  one  of  which  is  said  to  be  worth  $50,000,  and  while  it  will 
entail  a  hardship  on  the  company  to  make  satisfactory  set- 
tlement with  the  settlers  here,  the  Commission  is  of  the  opin- 
ion it  must  needs  be  done  in  case  no  adequate  facilities  for 
watering  the  entire  tract  can  be  found. 


76  Report  of  Commission 

Third :  That  the  company  be  not  allowed  to  sell  any  of 
the  storage  water  in  Jackson  lake  until  it  is  fully  determined 
that  there  will  be  sufficient  water  for  this  project. 

Fourth :  That  the  Land  Board  use  its  good  offices  towards 
attaining  a  better  understanding  between  the  settlers  and 
company  with  regard  to  the  distribution  of  water,  to  the  end 
that  a  more  just  and  equitable  system  of  delivery  may  be 
accomplished. 

Fifth:  That  patents  be  withheld  by  the  State  until  the 
system  is  completed  or  its  completion  secured  by  an  adequate 
bond.  In  this  connection  we  would  respectfully  urge  that 
the  company  bonds  be  not  accepted,  for  the  reason  that  the 
value  of  the  same  is  controlled  entirely  by  the  ultimate  suc- 
cess or  failure  of  the  project.  Your  Commission  believes 
that,  if  the  patents  are  issued  before  the  completion  of  the 
project,  or  a  bond  be  given,  there  will  be  great  danger  that 
the  company  will  immediately  call  for  notes  'and  mortgages 
from  the  settlers,  which  notes  and  mortgages  might  be  im- 
mediately negotiated  to  innocent  purchasers,  and  the  settlers 
forced  to  the  alternative  of  paying  the  same,  and  also  com- 
plete the  project  themselves,  or  of  utterly  abandoning  the 
homes  that  they  have  begun  to  make. 

The  Commission  sees  great  possibilities  for  this  project  if 
properly  completed.  The  soil  and  climatic  conditions  are  un- 
surpassed in  the  State,  and  we  trust  that  all  possible  efforts 
be  made  to  remove,  as  quickly  as  possible,  the  great  uncer- 
tainty now  existing  on  the  North  Side  Twin  Falls  tract. 


REPORT  ON  THE  WEST  END  IRRIGA- 
TION COMPANY'S  PROJECT 


The  Commission's  findings  with  reference  to  the  West  End 
Twin  Falls  Irrigation  Company's  project  were  reached  after 
a  perusal  of  the  records  of  the  State  Land  Board  and  the 
State  Engineer's  office,  together  with  correspondence  with 
some  of  the  entrymen  thereon.  Two  of  the  members  of  the 
Commission  are  personally  familiar  with  the  construction 
work  that  has  been  done,  and  with  the  general  status  of  the 
project. 

This  project,  commonly  known  as  the  "West  End  Project," 
is  located  in  the  counties  of  Twin  Falls  and  Owyhee,  and 
immediately  to  the  south  and  west  of  the  Twin  Falls  South 
Side  tract.  It  was  originally  planned  to  irrigate  about  52,000 
acres  from  Cedar,  Big  Flat,  Three,  Deadwood,  Devil  and 
Cherry  creeks.  Of  this  amount  46,016.27  acres  were  finally 
segregated,  and  20,987  acres  filed  upon  by  entrymen.  Of 
this  acreage  water  rights  were  sold  for  7,656  acres  at  a  cash 
consideration  of  $25.00  per  acre;  a  total  consideration  of 
$191,400.  These  water  rights  were  sold  prior  to  the  time 
that  the  West  End  Company  entered  into  its  contract  with 
the  State  and  were  sold  without  knowledge  of  the  State. 
Having  thus  been  sold  before  the  State  entered  into  contractual 
obligations  with  the  company,  no  specific  responsibility  can 
attach  to  the  State  for  the  failure  on  the  part  of  the  com- 
pany to  perform  its  contractual  obligations  to  these  entrymen. 

Later  a  contract  was  entered  into  between  the  company  and 
the  State  and  water  rights  to  13,331  acres  of  Carey  Act  lands 
were  sold  at  a  consideration  of  $40.00  per  acre.  Of  this 
amount  $3.50  per  acre  was  paid  at  the  time  of  entry,  and 
brought  the  company  a  cash  return  of  $46,658.50.  At  the 


78  Report  of  Commission 

time  the  contract  was  entered  into  between  the  State  and  the 
company,  the  company,  as  required  by  law,  made  and  exe- 
cuted to  the  State  a  surety  bond  in  the  sum  of  $45,000.00, 
which  bond  was  furnished  by  the  Title  Guarantee  and  Surety 
Company  of  Scranton,  Pennsylvania.  The  condition  of  the 
bond  being  that  upon  the  failure  of  the  West  End  Twin  Falls 
Irrigation  Company  to  complete  the  terms  of  its  contract 
with  the  State  the  amount  of  the  bond  should  be  forfeited. 
This  bond  is  now  on  file  with  the  State  Land  Board. 

The  company  took  charge  of  and  commenced  construction 
work  on  the  impounding  dams  and  canals  in  1909  It  did 
very  little  actual  work  and  pursued  such  dilatory  tactics  that 
nothing  of  permanent  value  was  accomplished.  During  the 
last  four  years  nothing  has  been  done  and  the  project  has 
apparently  been  abandoned.  It  seems  clear,  however,  that 
the  construction  company  came  out  in  good  shape.  The  rec- 
ords of  the  State  Engineer's  office  show  that  about  $120,000 
was  spent  on  the  entire  project,  while  $238,058.50  was  real- 
ized from  the  sale  of  water  rights,  a  net  difference  for  the 
company  of  $118,058.50. 

In  view  of  the  fact  that  the  company  has  failed  to  com- 
plete the  project  in  accordance  with  its  contract  with  the  State, 
and  having  abandoned  the  same  by  its  failure  to  do  any 
construction  work  for  about  four  years,  the  Commission  ur- 
gently recommends  that  the  State  Land  Board  take  early  ac- 
tion declaring  the  company's  contract  with  the  State  for- 
feited. It  is  clearly  the  duty  of  the  State  to  terminate  as 
speedily  as  possible  its  relation  with  a  company  of  this  nature. 

When  the  State  Land  Board  shall  have  declared  forfeited 
the  company's  contract  with  the  State,  it  is  urged  that  instruc- 
tions be  issued  to  the  Attorney-General  to  institute  action  look- 
ing to  the  recovery  on  the  company's  surety  bond,  the  pro- 
ceeds of  which  should  be  distributed  pro  rata  among  the  en- 
trymen  who  bought  water  rights  subsequent  to  the  execution 
of  the  company's  contract  with  the  State.  These  entrymen 


Report  of  Commission  7° 

should  receive  as  large  a  return  on  their  original  payments 
as  possible,  and  the  State's  responsibility  cannot  cease  until 
it  has  done  everything  possible  for  the  relief  of  these  entrymen. 

The  Commission  further  suggests  that  those  entrymen  who 
purchased  water  rights  prior  to  the  time  of  the  execution  of 
the  company's  contract  with  the  State,  and  before  the  State'3 
responsibility  began,  to  get  together  and  institute  action 
against  the  officials  of  the  company  for  the  recovery  of  their 
payments.  Some  of  these  officials  are  fully  able  to  return 
these  payments,  and  they  should  be  compelled  to  do  so. 


INDEX 

Page 

CAREY  ACT  REPORTS 

Big  Lost  River 23 

Idaho   Irrigation  Company 49 

King  Hill  and  King  Hill  Extension 44 

Oakley    56 

Salmon  River    29 

Salmon  River   (Supplemental) 40 

Twin  Falls  North  Side 72 

West  End  Irrigation  Company 77 

DRAINAGE  LAWS  OF  IDAHO 20 

EXPENDITURES    22 

GENERAL  REPORT   8 

IDAHO    IRRIGATION    AND    DRAINAGE    CODE 
COMMISSION 

Act  Creating   5 

Personnel   4 

LETTER  OF  TRANSMISSAL 3 

LEGISLATION  RECOMMENDED  .  15 


U.  C.  BERKELEY  LIBRARIES 


